WARRANT AGREEMENT To Purchase Shares of Class A Common Stock of KIOR, INC. Dated as of [ ] (the “Effective Date”)Warrant Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
SENIOR SECURED PROMISSORY NOTE AND WARRANT PURCHASE AGREEMENT by and among KiOR, Inc., KiOR Columbus, LLC, the Purchasers party hereto and the Agent March 31, 2014Senior Secured Promissory Note and Warrant Purchase Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENTSubordination Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
THIS AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and dated as of March 31, 2014, and is entered into by and among KIOR, INC., a Delaware corporation (the “Company,” and together with each other Subsidiary that is a party to the Original Loan Agreement (defined below) or becomes a party to the Loan Agreement as a Borrower after the date hereof in accordance with the terms hereof, collectively, the “Borrowers”, and each a “Borrower”), and 1538731 ALBERTA LTD., 1538716 ALBERTA LTD. and Vinod Khosla, as trustee of the KFT Trust, Vinod Khosla, Trustee (together with each other Person that becomes a party to the Loan Agreement as a Lender after the date hereof in accordance with the terms of the Loan Agreement, collectively, the “Lenders”, and each a “Lender”), and 1538731 ALBERTA LTD., as agent for the Lenders (in such capacity, “Agent”).
AMENDMENT NO. 2 TO SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENTSenior Secured Convertible Note Purchase Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
THIS AMENDMENT NO. 2 TO SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of March 31, 2014 by and among KIOR, INC., a Delaware corporation (“Parent”), certain of Parent’s subsidiaries (collectively with Parent, “Grantors”), Khosla Ventures III LP, as Agent, and the purchasers party to the 2013 Purchase Agreement (defined below).
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
INTERCREDITOR AGREEMENT (this “Intercreditor Agreement”), dated as of March 31, 2014, among Khosla Ventures III LP, in its capacity as administrative agent under the 2013 Purchase Agreement (defined below) (the “2013 Agent”) and KFT Trust, Vinod Khosla, Trustee, as administrative agent under the 2014 Purchase Agreement (the “2014 Agent”), Kior, Inc., a Delaware corporation, (the “Borrower”), and the other credit parties named on the signature pages of this Intercreditor Agreement (together with the Borrower, the “Credit Parties”).
