EXECUTIVE AGREEMENTExecutive Agreement • March 25th, 2014 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Massachusetts
This Executive Agreement (this “Agreement”) is dated as of January 30, 2012, and is by and between Aspen Aerogels, Inc., a Delaware corporation (the “Company”) and Corby Whitaker (the “Executive”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 25th, 2014 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and ASPEN AEROGELS, INC., a Delaware corporation with offices located at 30 Forbes Road, Building B, Northborough, Massachusetts 01532 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ContractWarrant Agreement • March 25th, 2014 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Delaware
THIS WARRANT AND ANY SECURITIES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER APPLICABLE U.S. OR NON-U.S. SECURITIES LAWS. NEITHER THIS WARRANT, SUCH SECURITIES NOR ANY INTEREST THEREIN MAY BE SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF REGULATION S OF THE SECURITIES ACT, UNDER THE REGISTRATION PROVISIONS OF THE SECURITIES ACT OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE ACT. HEDGING TRANSACTIONS INVOLVING THIS WARRANT, SUCH SECURITIES OR ANY INTEREST THEREIN MAY NOT BE CONDUCTED UNLESS IN COMPLIANCE WITH THE SECURITIES ACT.
ASPEN AEROGELS, INC. SIXTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 25th, 2014 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Delaware
THIS SIXTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (“Agreement”), dated as of June 11, 2012, is by and among Aspen Aerogels, Inc., a Delaware corporation (the “Company”), and the Investors set forth on Schedule A hereto (the “Investors”).
1. USE AND RESTRICTIONS ON USE 1 2. TERM 4 3. RENT 4 4. RENT ADJUSTMENTS 5 5. SECURITY DEPOSIT 7 6. ALTERATIONS 9 7. REPAIR 10 8. LIENS 11 9. ASSIGNMENT AND SUBLETTING 11 10. INDEMNIFICATION 13 11. INSURANCE 14 12. WAIVER OF SUBROGATION 14 13....Lease Agreement • March 25th, 2014 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials
By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises in the Building as set forth and described on the Reference Page. The Reference Page, including all terms defined thereon, is incorporated as part of this Lease.
