ASSIGNMENT OF AND FIRST amendment TO RIGHT OF FIRST REFUSAL AGREEMENTRight of First Refusal Agreement • March 2nd, 2021 • AppHarvest, Inc. • Agricultural production-crops • New York
This ASSIGNMENT OF AND FIRST AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT (this “Amendment”) is made as of March 1, 2021 (the “Amendment Effective Date”) by and among CEFF US Holdings, LLC, a Delaware limited liability company (“CEFF”), Equilibrium Sustainable Foods, LLC, an Oregon limited liability company (“CEFF Assignee”), and AppHarvest Operations, Inc. (f/k/a AppHarvest, Inc.), a Delaware corporation (“AppHarvest”). CEFF, CEFF Assignee, and AppHarvest are sometimes individually referred to as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined herein shall have the meanings ascribed to them in the ROFR Agreement (as defined below).
