INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this "Agreement") dated as of September 22, 2015, is by and between (i) KeyBank National Association (the "Working Capital Lender" as hereinafter further defined), (ii) Hudson Bay Fund LP, in its capacity as agent for the holders of the Term Loan Debt defined below (in such capacity, the "Term Loan Agent" as hereinafter further defined) and (iii) Pioneer Hi-Bred International, Inc., an Iowa corporation (the "Pioneer Lender" as hereinafter further defined).
REVOLVING CREDIT NOTERevolving Credit Note • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • Ohio
FOR VALUE RECEIVED, the undersigned, S&W SEED COMPANY, a Nevada corporation ("Borrower"), promises to pay, on the last day of the Commitment Period, as defined in the Credit Agreement (as hereinafter defined), to the order of KEYBANK NATIONAL ASSOCIATION ("Lender"), at its main office at 127 Public Square, Cleveland, Ohio 44114, or at such other place as Lender shall designate, the principal sum of
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • Ohio
This INTELLECTUAL PROPERTY SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made effective as of the 22nd day of September, 2015 by S&W SEED COMPANY, a Nevada corporation ("Pledgor"), in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association ("Lender").
SECURITY AGREEMENT (Subsidiary)Security Agreement • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • Ohio
This SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made as of the 22nd day of September, 2015, jointly and severally, by:
GUARANTY OF PAYMENT (Subsidiary)Guaranty of Payment • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • Ohio
This GUARANTY OF PAYMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made as of the 22nd day of September, 2015 by:
PLEDGE AGREEMENT (Borrower)Pledge Agreement • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • Ohio
This PLEDGE AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made effective as of the 22nd day of September, 2015, by S&W SEED COMPANY, a Nevada corporation ("Pledgor"), in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association ("Lender").
