THIRD AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENTSubordinate Loan and Security Agreement • May 11th, 2023 • S&W Seed Co • Agricultural production-crops
This THIRD AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENT, dated as of March 22, 2023 (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”).
COMMON STOCK PURCHASE WARRANT S&W SEED COMPANYSecurities Agreement • May 11th, 2023 • S&W Seed Co • 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 1,300,000 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.
Amended and Restated Loan And Security Agreement Dated as of March 22, 2023 among S&W SEED COMPANY, as Borrower THE OTHER LOAN PARTIES HERETO THE VARIOUS FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders and CIBC BANK USA, as ADMINISTRATIVE AGENT AND...Loan and Security Agreement • May 11th, 2023 • S&W Seed Co • Agricultural production-crops • Illinois
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as amended, modified or supplemented from time to time, this "Agreement") made this 22nd day of March, 2023 by and among, the financial institutions that are or may from time to time become parties hereto (together with their respective assigns, the "Lenders"), CIBC BANK USA (in its individual capacity, "CIBC US"), 120 South LaSalle Street, Suite 200, Chicago, Illinois 60603, as administrative agent and sole lead arranger and S&W SEED COMPANY, a Nevada corporation (“S&W Seed”; together with any other party hereafter joined as a borrower hereunder, each individually a “Borrower” and collectively referred to as "Borrowers") and the other Loan Parties party hereto.
SCHEDULE 1 6 DATE \@ "M/d/yy" \* MERGEFORMAT 5/1/23 TIME \@ "h:mm a/p" \* MERGEFORMAT 2:21 PM Page iAmendment Deed • May 11th, 2023 • S&W Seed Co • Agricultural production-crops
