0001144204-13-005587 Sample Contracts

KEY EXECUTIVE CHange In Control AGREEMENT
Key Executive Change in Control Agreement • February 4th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Massachusetts

THIS AGREEMENT, made and entered into as of the ____day of _____________, 20__, by and between AgFeed Industries, Inc., a Nevada corporation (hereinafter referred to as the “Company”), and [Executive] (hereinafter referred to as the “Executive”).

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NINETEENTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 4th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties

This Nineteenth Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 31st day of January, 2013, by and between AgFeed USA, LLC (formerly known as M2 P2, LLC); TS Finishing, LLC; New York Finishing, LLC; Pork Technologies, LC; New Colony Farms, LLC; Heritage Farms, LLC; Heritage Land, LLC; Genetics Operating, LLC; M2P2 Facilities, LLC; MGM, LLC; M2P2 General Operations, LLC; New Colony Land Company, LLC; M2P2 AF JV, LLC; and Midwest Finishing, LLC (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated June 7, 2006, as amended from time to time (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent

FORBEARANCE AGREEMENT
Forbearance Agreement • February 4th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Nebraska

THIS FORBEARANCE AGREEMENT (the "Agreement") is dated the 1st day of February, 2013 between AgFeed USA, LLC (formerly known as M2 P2, LLC); TS Finishing, LLC; New York Finishing, LLC; Pork Technologies, LC; New Colony Farms, LLC; Heritage Farms, LLC; Heritage Land, LLC; Genetics Operating, LLC; M2P2 Facilities, LLC; MGM, LLC; M2P2 General Operations, LLC; New Colony Land Company, LLC; M2P2 AF JV, LLC; and Midwest Finishing, LLC (hereinafter referred to as "Borrower") and FARM CREDIT SERVICES OF AMERICA, FLCA and PCA ("Lender").

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