FIFTH AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENTSubordinate Loan and Security Agreement • November 1st, 2024 • S&W Seed Co • Agricultural production-crops • New York
AGREEMENT, dated as of October 31, 2024 (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”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • November 1st, 2024 • S&W Seed Co • Agricultural production-crops • Colorado
This Amended and Restated Employment Agreement (this “Agreement”) is entered into as of June 28, 2024, and effective as of July 1, 2024 (the “Effective Date”) by and between S&W Seed Company, a Nevada corporation (the “Company”) and Mark Herrmann (“Executive”). Together, Executive and the Company are sometimes referred to as the “Parties.” Capitalized terms not otherwise defined herein shall have the meanings set forth in Section 9 below.
FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 1st, 2024 • S&W Seed Co • Agricultural production-crops • Illinois
This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Fourth Amendment”) made and entered into as of the 31st day of October, 2024, is by and among S&W Seed Company, a Nevada corporation (“S&W Seed”; together with any other party joined as a borrower under the Loan Agreement (as hereinafter defined), 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 US”), as administrative agent for the Lenders (“Administrative Agent”).
CIBC July 31, 2024 VIA FEDEX AND ELECTRONIC DELIVERY S&W Seed Company Longmont, CO 80501 Attention: Ms. Vanessa Baughman Re: CIBC Bank USA - S&W Seed Company Ms. Baughman:Loan and Security Agreement • November 1st, 2024 • S&W Seed Co • Agricultural production-crops
Reference is hereby made to (i) that certain Amended and Restated Loan and Security Agreement dated as of March 22, 2023, as amended by that certain First Amendment to Amended and Restated Loan and Security Agreement dated as of September 25, 2023, that certain Second Amendment to Amended and Restated Loan and Security Agreement dated as of May 13, 2024, and that certain Third Amendment to Amended and Restated Loan and Security Agreement dated as of July 3, 2024, but effective as of July 1, 2024, each by and among S&W Seed Company, a Nevada corporation ("S&W Seed"; together with any other party joined as a borrower under the Loan Agreement (as hereinafter defined), each individually a "Borrower" and collectively referred to as "Borrowers"), the other Loan Parties thereto, the financial institutions that are or may from time to time become parties thereto (together with their respective successor and assigns, the "Lenders"), and CIBC Bank USA, as administrative agent for the Lenders ("A
October 31, 2024 S&W Seed CompanyCovenant Amendment and Waiver • November 1st, 2024 • S&W Seed Co • Agricultural production-crops
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 1st, 2024 • S&W Seed Co • Agricultural production-crops • Illinois
This Third Amendment to Amended and Restated Loan and Security Agreement (this “Third Amendment”) made and entered into as of the 3rd day of July 2024, but effective as of July 1, 2024, is by and among S&W Seed Company, a Nevada corporation (“S&W Seed”; together with any other party joined as a borrower under the Loan Agreement (as hereinafter defined), 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 US”), as administrative agent for the Lenders (“Administrative Agent”).
