CONSENT UNDER AND THIRD AMENDMENT TO AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT AND OMNIBUS AMENDMENT TO LOAN DOCUMENTSAmended and Restated Plain English Growth Capital Loan and Security Agreement • May 15th, 2014 • Gevo, Inc. • Industrial organic chemicals • California
This Consent Under and Third Amendment to Amended and Restated Plain English Growth Capital Loan and Security Agreement and Omnibus Amendment to Loan Documents (this “Amendment”) is made and entered into as of May 9, 2014, by and between AGRI-ENERGY, LLC, a Minnesota limited liability company (“Agri-Energy” or “You”), GEVO, INC., a Delaware corporation (“Gevo”), GEVO DEVELOPMENT, LLC, a Delaware limited liability company (“Devco”), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“TriplePoint” or “Us”; together with Agri-Energy, collectively, the “Parties”).
TERM LOAN AGREEMENT among GEVO, INC. as Borrower, THE OTHER CREDIT PARTIES HERETO from time to time, THE LENDERS PARTY HERETO from time to time as Lenders, and WHITEBOX ADVISORS LLC, as Administrative Agent May 9, 2014Term Loan Agreement • May 15th, 2014 • Gevo, Inc. • Industrial organic chemicals • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 15th, 2014 • Gevo, Inc. • Industrial organic chemicals • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of May 9, 2014 by and among Gevo, Inc., a Delaware corporation (the “Company”), WB Gevo, Ltd., a BVI Business Company incorporated in the British Virgin Islands (“Whitebox”), and each other party who hereafter executes and delivers a Joinder Agreement (each, a “Joining Party,” and together with Whitebox, the “Investor”) in the form attached as Exhibit A hereto (a “Joinder Agreement”) agreeing to be bound by the terms hereof.
EXCHANGE AND PURCHASE AGREEMENTExchange and Purchase Agreement • May 15th, 2014 • Gevo, Inc. • Industrial organic chemicals • New York
This EXCHANGE AND PURCHASE AGREEMENT (this “Agreement”) is dated as of May 9, 2014 by and among Gevo, Inc., a Delaware corporation (the “Company”), Gevo Development, LLC, a Delaware limited liability company (“Gevo LLC”), Agri-Energy, LLC, a Minnesota limited liability company (“AE LLC”), and each other party who hereafter executes and delivers a Guarantor Joinder Agreement (an “Additional Guarantor,” and collectively with the Company, Gevo LLC and AE LLC, the “Company Parties”) in the form attached hereto as Exhibit A (the “Guarantor Joinder Agreement”) agreeing to be bound by the terms hereof, WB Gevo, Ltd., a BVI Business Company incorporated in the British Virgin Islands (“Whitebox”), Whitebox Advisors LLC, in its capacity as administrative agent under the Loan Agreement (as defined herein) (the “Administrative Agent”), and Whitebox Advisors LLC, in its capacity as representative of the Purchaser under this Agreement (the “Representative”), and each other party who hereafter execut
