0001193125-11-280807 Sample Contracts

AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT
Growth Capital Loan and Security Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals • California

This is an AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of October 20, 2011 (this “Agreement”), by and between AGRI-ENERGY, LLC, a Minnesota limited liability company, as borrower, and any other borrower party that may be added as a borrower hereunder from time to time pursuant to a written amendment and/or joinder agreement signed by the then existing borrowers, the new borrower and TRIPLEPOINT CAPITAL LLC (or their successor or permitted assign as lender), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, as lender.

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Warrant Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals • California

THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.

AMENDED AND RESTATED LIMITED RECOURSE MEMBERSHIP INTEREST PLEDGE AGREEMENT
Limited Recourse Membership Interest Pledge Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals • California

This AMENDED AND RESTATED LIMITED RECOURSE MEMBERSHIP INTEREST PLEDGE AGREEMENT dated as of October 20, 2011 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by GEVO DEVELOPMENT, LLC, a Delaware limited liability company (“Pledgor”), in favor of TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“Lender”).

PLAIN ENGLISH LIMITED RECOURSE CONTINUING GUARANTY
Limited Recourse Continuing Guaranty • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals

This is a PLAIN ENGLISH LIMITED RECOURSE CONTINUING GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement” or this “Guaranty”), dated as October 20, 2011, made by GEVO DEVELOPMENT, LLC., a Delaware limited liability company, in favor of TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company.

FIRST AMENDMENT TO PLAIN ENGLISH SECURITY AGREEMENT
Plain English Security Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals

This First Amendment to Plain English Security Agreement (this “Agreement”) is made and entered into as of October 20, 2011, by and among GEVO, INC., a Delaware corporation (“Guarantor” or “You”) and TRIPLEPOINT CAPITAL LLC (“Secured Party” or “Us”; together with Guarantor, the “Parties”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Security Agreement (as defined below).

FIRST AMENDMENT TO PLAIN ENGLISH SECURITY AGREEMENT
Plain English Security Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals

This First Amendment to Plain English Security Agreement (this “Agreement”) is made and entered into as of October 20, 2011, by and among AGRI-ENERGY, LLC, a Minnesota limited liability company (“Guarantor” or “You”) and TRIPLEPOINT CAPITAL LLC (“Secured Party” or “Us”; together with Guarantor, the “Parties”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Security Agreement (as defined below).

FIRST AMENDMENT TO PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals • California

This First Amendment to Plain English Growth Capital Loan and Security Agreement (this “Agreement”) is made and entered into as of October 20, 2011, by and among GEVO, INC. (“Gevo” or “You”) and TRIPLEPOINT CAPITAL LLC (“TriplePoint” or “Us”; together with Gevo, the “Parties”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Loan Agreement (as defined below).

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