SENIOR SECURED PROTECTIVE ADVANCE NOTESenior Secured Protective Advance Note • July 17th, 2014 • Kior Inc • Industrial organic chemicals • New York
THIS SENIOR SECURED PROTECTIVE ADVANCE NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. IT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD IN ACCORDANCE WITH RULE 144 UNDER SUCH ACT.
PROTECTIVE ADVANCE LOAN AND SECURITY AGREEMENTProtective Advance Loan and Security Agreement • July 17th, 2014 • Kior Inc • Industrial organic chemicals • New York
THIS PROTECTIVE ADVANCE LOAN AND SECURITY AGREEMENT (the “Agreement”), dated as of July 17, 2014, is entered into by and among KIOR, INC., a Delaware corporation (the “Company”), KIOR COLUMBUS LLC, a Delaware limited liability company (“KiOR Columbus” and collectively with the Company, the “Borrowers”), the lenders from time to time party hereto (collectively, the “Lenders”, and each a “Lender”), and the KFT Trust, Vinod Khosla, Trustee (the “KFT Trust”), as agent for the Lenders (in such capacity, “Agent”).
