COMMON STOCK PURCHASE WARRANT S&W SEED COMPANYS&W Seed Co • February 13th, 2023 • Agricultural production-crops • New York
This Common Stock Purchase Warrant (this “Warrant”) certifies that, for value received, the receipt and sufficiency of which is hereby acknowledged, MFP Partners, L.P. or its assigns (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Issuance Date and on or prior to the close of business on the five-year anniversary of the Issuance Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from S&W Seed Company, a Nevada corporation (the “Company”), up to 666,700 fully paid, nonassessable shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock of the Company (“Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b) of this Warrant.
SECOND AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENTSubordinate Loan and Security Agreement • February 13th, 2023 • S&W Seed Co • Agricultural production-crops • New York
This SECOND AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENT, dated as of December 22, 2022 (this “Amendment”), is entered into by and between S&W SEED COMPANY, a Nevada corporation (the “Borrower”), and MFP PARTNERS, L.P., a Delaware limited partnership the “Lender”).
THIRD AMENDMENT TO NOTEThird Amendment • February 13th, 2023 • S&W Seed Co • Agricultural production-crops
This Third Amendment to Note (this “Third Amendment”), dated effective as of December 23, 2022 (the “Effective Date”), is entered into by and between S&W Seed Company, a Nevada corporation (“Borrower”), and Rooster Capital LLC, a Delaware limited liability company (“Lender”).
EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 13th, 2023 • S&W Seed Co • Agricultural production-crops • Illinois
This Eighth Amendment to Loan and Security Agreement (this “Eighth Amendment”) made and entered into as of the 23rd day of December, 2022, is by and among S&W Seed Company, a Nevada corporation (“S&W Seed”), Seed Holding, LLC, a Nevada limited liability company (“Seed Holding”), and Stevia California, LLC, a California limited liability company (“Stevia CA”; S&W Seed, Seed Holding and Stevia CA are each individually a “Borrower” and collectively referred to as "Borrowers"), the other Loan Parties hereto, the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”), and CIBC Bank USA (in its individual capacity, “CIBC”), as administrative agent for the Lenders (“Administrative Agent”).
SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 13th, 2023 • S&W Seed Co • Agricultural production-crops • Illinois
This Seventh Amendment to Loan and Security Agreement (this “Seventh Amendment”) made and entered into as of the 28th day of October, 2022, is by and among S&W Seed Company, a Nevada corporation (“S&W Seed”), Seed Holding, LLC, a Nevada limited liability company (“Seed Holding”), and Stevia California, LLC, a California limited liability company (“Stevia CA”; S&W Seed, Seed Holding and Stevia CA are each individually a “Borrower” and collectively referred to as “Borrowers”), the other Loan Parties hereto, the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”), and CIBC BANK USA (in its individual capacity, “CIBC”), as administrative agent for the Lenders (“Administrative Agent”).
FIRST AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENTSubordinate Loan and Security Agreement • February 13th, 2023 • S&W Seed Co • Agricultural production-crops • New York
This FIRST AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENT, dated as of October 28, 2022 (this “Amendment”), is entered into by and between S&W SEED COMPANY, a Nevada corporation (the “Borrower”), and MFP PARTNERS, L.P., a Delaware limited partnership the “Lender”).
