INDEMNIFICATION AGREEMENTIndemnification Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of _________________, by and among Kior, Inc., a Delaware corporation (the “Company”), and _______________ (“Indemnitee”).
Shares KiOR, INC. Class A Common Stock, par value $0.0001 per share FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • New York
Credit Suisse Securities (USA) LLC UBS Securities LLC Goldman, Sachs & Co., As Representatives of the Several Underwriters, c/o Credit Suisse Securities (USA) LLC, Eleven Madison Avenue, New York, N.Y. 10010-3629
AMENDMENT NO. 3 Dated April 12, 2011Loan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals
THIS AMENDMENT NO. 3 (“Amendment 3”) to that certain Loan and Security Agreement No. 1452 dated as of January 27, 2010, as amended (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., as “Agent” for the lenders identified on Schedule A to the Agreement (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), the Lenders and Kior, Inc. (“Borrower”).
HYDROGEN ON-SITE SUPPLY AGREEMENTHydrogen on-Site Supply Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Texas
This Hydrogen On-Site supply Agreement (“Agreement”) is entered into as of the 10th day of December, 2010 (the “Effective Date”) by and between Matheson Tri-Gas, Inc. (“Seller”) and KIOR, Inc. (“Buyer”).
MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Mississippi
Lowndes County, Mississippi (the “County”), the Lowndes County Port Authority (the “Port”), the City of Columbus, Mississippi (the “City”), the Columbus Light & Water Department (the “CLW”), KiOR Columbus, LLC (“KiOR Columbus”) and KiOR, Inc.(“KiOR”);
Loan and Security AgreementLoan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • California
This Loan and Security Agreement no. 1452 (this “Agreement”) is entered into as of January 27, 2010, by and between Kior, Inc., a Delaware corporation (“Borrower”) and Lighthouse Capital Partners VI, L.P. as “Agent” for the lenders identified on Schedule A hereto (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), and the Lenders. This Agreement sets forth the terms and conditions upon which Lenders will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
Loan and Security AgreementLoan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • California
This Loan And Security Agreement No. 1451 (this “Agreement”) is entered into as of December 30, 2008, by and between Lighthouse Capital Partners VI, L.P. (“Lender”) and Kior Inc., a Delaware corporation (“Borrower”) and sets forth the terms and conditions upon which Lender will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
AMENDMENT NO. 2 Dated April 12, 2011Loan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals
THIS AMENDMENT NO 2 (“Amendment 2”) to that certain Loan and Security Agreement No. 1451 dated as of December 30, 2008, as amended (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., (“Lender”) and Kior, Inc. (“Borrower”).
AMENDMENT NO. l Dated February 28, 2011Loan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • California
THIS AMENDMENT NO 1 (“Amendment 1”) to that certain Loan and Security Agreement No. 1451 dated as of December 30, 2008 (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., (“Lender”) and Kior, Inc. (“Borrower”).
AMENDMENT NO. 2 Dated February 28, 2011Loan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals
THIS AMENDMENT NO. 2 (“Amendment 2”) to that certain Loan and Security Agreement No. 1452 dated as of January 27, 2010 (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., as “Agent” for the lenders identified on Schedule A to the Agreement (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), the Lenders and KIOR, INC. (“Borrower”).
AMENDMENT NO. 01 Dated June 30, 2010Loan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals
THIS AMENDMENT NO l (“Amendment No. 1”) to that certain Loan and Security Agreement No. 1452 dated as of January 27, 2010 (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., as “Agent” for the lenders identified on Schedule A to the Agreement (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), the Lenders and Kior, Inc. (“Borrower”).
ContractWarrant Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • California
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUER THAT SUCH OFFER, SALE, TRANSFER, PLEDGE OR HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MUST BE SURRENDERED TO THE COMPANY OR ITS TRANSFER AGENT AS A CONDITION PRECEDENT TO THE SALE, TRANSFER, PLEDGE OR HYPOTHECATION OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY.
AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT KIOR, INC.Investors’ Rights Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT is made as of the 21 day of April, 2011, by and among Kior, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and each of the stockholders listed on Schedule B hereto, each of whom is referred to herein as a “Key Holder.”
