GEVO, INC. 30,000,000 Units Consisting of One Share of Common Stock ($0.01 par value per Share) and a Warrant to Purchase 0.5 of a Share of Common Stock UNDERWRITING AGREEMENT July 31, 2014Underwriting Agreement • August 1st, 2014 • Gevo, Inc. • Industrial organic chemicals • New York
FOURTH AMENDMENT TO AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 1st, 2014 • Gevo, Inc. • Industrial organic chemicals • California
This Fourth Amendment to Amended and Restated Plain English Growth Capital Loan and Security Agreement (this “Amendment”) is made and entered into as of July 31, 2014, by and between AGRI-ENERGY, LLC, a Minnesota limited liability company (“Agri-Energy” or “You”), GEVO, INC., a Delaware corporation (“Gevo”), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“TriplePoint” or “Us”; together with Agri-Energy, collectively, the “Parties”).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • August 1st, 2014 • Gevo, Inc. • Industrial organic chemicals • New York
This FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of July 31, 2014, among Gevo, Inc., a company duly incorporated and existing under the laws of Delaware, United States of America, and having its principal executive office at 345 Inverness Drive South, Building C, Suite 310, Englewood, CO 80112 as Issuer (the “Company”), the guarantors listed on the signature page hereof (each, a “Guarantor” and, collectively, the “Guarantors”), Wilmington Savings Fund Society, FSB, as Trustee (in such capacity, the “Trustee”), and WB Gevo, Ltd., as the holder of 100% of the aggregate principal amount of the outstanding Notes and the “Requisite Holder” under the Indenture (as defined below) (the “Requisite Holder”). Capitalized terms used herein without definition have the meanings given in the Indenture (as defined below).
CONSENT AND SECOND AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • August 1st, 2014 • Gevo, Inc. • Industrial organic chemicals
CONSENT AND SECOND AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), dated July 31, 2014, by and among Gevo, Inc. a Delaware corporation (the “Borrower”), the Guarantors party hereto (the “Guarantors” and together with the Borrower, each a “Credit Party” and collectively, the “Credit Parties”), the Lenders (as defined below), and WB Gevo, Ltd. (as successor in interest to Whitebox Advisors LLC), as administrative agent (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENT TO PLAIN ENGLISH SECURITY AGREEMENTPlain English Security Agreement • August 1st, 2014 • Gevo, Inc. • Industrial organic chemicals
This Fifth Amendment to Plain English Security Agreement (this “Amendment”) is made and entered into as of July 31, 2014, by and among GEVO, INC., a Delaware corporation (“Guarantor” or “You”), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“Secured Party” or “Us”; together with Guarantor, the “Parties”).
