GLOBAL GUARANTY AGREEMENTGlobal Guaranty Agreement • April 1st, 2011 • Greenshift Corp • Sanitary services • New Jersey
This GLOBAL GUARANTY AGREEMENT dated as of June __, 2010 (the “Guaranty”), is given by each of the individuals and entities listed on Schedule 1 attached hereto following (jointly, severally, and collectively, the “Guarantors”) in favor of YA CORN OIL SYSTEMS, LLC (together with its successors and assigns, the “Secured Party”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Security Agreement (as defined below).
FIRST AMENDMENT TO GLOBAL FORBEARANCE AGREEMENTGlobal Forbearance Agreement • April 1st, 2011 • Greenshift Corp • Sanitary services
This FIRST AMENDMENT TO GLOBAL FORBEARANCE AGREEMENT (this “Amendment”) is dated as of June __, 2010, by and between (i) VIRIDIS CAPITAL, LLC (“Viridis”), (ii) GREENSHIFT CORPORATION (“GreenShift”), (iii) the subsidiaries and affiliates of GreenShift and Viridis listed on Schedule 1 attached hereto (the “Subsidiaries”) (Viridis, GreenShift and the Subsidiaries shall be collectively referred to herein as the “Obligors”), and (ii) YA GLOBAL INVESTMENTS, L.P., formerly known as Cornell Capital Partners, LP, a Cayman Island exempt limited partnership (the “Lender”), and having offices located at 101 Hudson Street Suite 3700, Jersey City, New Jersey 07302.
Re: AGREEMENT TO ACCEPT COLLATERAL IN SATISFACTION OF OBLIGATIONLetter Agreement • April 1st, 2011 • Greenshift Corp • Sanitary services
Reference is made to (i) that certain Secured Demand Note dated June ___, 2010 (the “Note”) made by GS COES (Yorkville I), LLC (the “Debtor”) payable to YA Global Investments, L.P. (“YA Global”), and assigned to YA Corn Oil Systems, LLC (the “Secured Party”), in the original principal amount of $10,000,000 (the “Note”), (ii) that certain Security Agreement dated as of June __, 2010 (the “Security Agreement”) by and between the Debtor and YA Global, and assigned to the Secured Party; and (iii) that certain Guaranty Agreement dated as of June __, 2010 (the “Guaranty”, and together with the Note and the Security Agreement, the “COES Financing Documents”) executed and delivered by certain of the Debtor’s affiliates (jointly, severally, and collectively, the “Obligors”) to YA Global and assigned to the Secured Party. Capitalized terms used and not defined herein shall have the meanings given thereto in the Security Agreement.
