EXCHANGE AGREEMENTExchange Agreement • September 4th, 2009 • Verenium Corp • Industrial organic chemicals
(including any other persons or entities exchanging Existing Notes hereunder for whom the undersigned Holder holds contractual and investment authority, the “Holder”) enters into this Exchange Agreement (this “Agreement”) with Verenium Corporation (the “Company”) on August 28, 2009, whereby on the date hereof the Holder will exchange (the “Exchange”) the Company’s 5.50% Convertible Senior Notes due 2027 (the “Existing Notes”) for the Company’s new 9.00% Convertible Senior Secured Notes due 2027 (the “New Notes”) that will be issued pursuant to the provisions of an Indenture (the “Indenture”) to be entered into by and between the Company and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT between VERENIUM CORPORATION, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent and the Joined Secured Parties from time to time party hereto...Intercreditor and Collateral Agency Agreement • September 4th, 2009 • Verenium Corp • Industrial organic chemicals • New York
THIS INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (the “Agreement”), dated as of September 1, 2009, is made by and among VERENIUM CORPORATION (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as trustee for the holders of the notes (the “9% Noteholders”) issued under the Indenture described below (in such capacity, herein the “Trustee”), the Joined 8% Noteholders (as defined herein), and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent hereunder (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • September 4th, 2009 • Verenium Corp • Industrial organic chemicals • New York
THIS PLEDGE AND SECURITY AGREEMENT (as it may be amended or modified from time to time, this “Security Agreement”) is entered into as of September 1, 2009 by and between VERENIUM CORPORATION, a Delaware corporation (the “Company” and a “Grantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Collateral Agent (the “Collateral Agent”) for the Secured Parties.
