SUCCESSOR AGENT AND AMENDMENT AGREEMENTSuccessor Agent and Amendment Agreement • November 13th, 2024 • Cadiz Inc • Water supply • New York
Contract Type FiledNovember 13th, 2024 Company Industry JurisdictionThis SUCCESSOR AGENT AND AMENDMENT AGREEMENT (this “Agreement”) is dated as of July 23, 2024, by and among (1) CADIZ INC., a Delaware corporation (“Cadiz”), CADIZ REAL ESTATE LLC, a Delaware limited liability company (“CRE”), ATEC WATER SYSTEMS, LLC, a Delaware limited liability company (“ATEC”), OCTAGON PARTNERS LLC, a California limited liability company (“Octagon”; and together with Cadiz, CRE and ATEC, each a “Borrower” and collectively, the “Borrowers”), (2) the other Loan Parties (as defined in the Credit Agreement described below), (3) the Lenders (as defined below) party hereto, which collectively constitute all of the Lenders, (4) B. RILEY SECURITIES, INC. (“B. Riley”), in its capacity as Agent (as defined in the Credit Agreement) (in such capacity, the “Existing Agent”), and (5) ALTER DOMUS (US) LLC (“Alter Domus”), in its capacity as successor Agent (in such capacity, the “Successor Agent”).