0001807707-21-000058 Sample Contracts

SECOND AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT
Refusal Agreement • November 10th, 2021 • AppHarvest, Inc. • Agricultural production-crops • New York

WHEREAS, CEFF (as assignee of CEFF US Holdings, LLC, a Delaware limited liability company) and AppHarvest entered into that certain Right of First Refusal Agreement, dated as of May 13, 2019, as amended by that certain Assignment of and First Amendment to Right of First Refusal Agreement, dated as of March 1, 2021 (as amended the “ROFR Agreement”);

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CREDIT AGREEMENT (Richmond Facility) Dated as of July 23, 2021 between CEFF II AppHarvest Holdings, LLC, as Lender, and AppHarvest Richmond Farm, LLC, as Borrower
Credit Agreement • November 10th, 2021 • AppHarvest, Inc. • Agricultural production-crops • New York

This CREDIT AGREEMENT (this “Agreement”), dated as of July 23, 2021 (the “Effective Date”), is entered into by and between AppHarvest Richmond Farm, LLC, a Delaware limited liability company (“Borrower”), and CEFF II AppHarvest Holdings, LLC, a Delaware limited liability company (“Lender”).

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