SECURED PROMISSORY NOTE AND LOAN AGREEMENTAppHarvest, Inc. • July 24th, 2023 • Agricultural production-crops
APPHARVEST, INC., a Delaware corporation (the “Borrower”), has requested that CEFF II APPHARVEST HOLDINGS, LLC, a Delaware Limited Liability Company (together with its successors and assigns to this Secured Promissory Note and Loan Agreement (as amended, restated, amended and restated, supplemented, waived, extended, or otherwise modified from time to time in accordance with the terms hereof, this “Note”), the “Lender”) make a Loan (as defined herein) evidenced by this Note on the date set forth in, and subject to the terms and conditions of, this Note. Certain Subsidiaries of the Borrower wish to guaranty the Borrower’s Obligations under this Note (collectively, the “Guarantors”), and are simultaneously executing the Guaranty in favor of the Lender. Capitalized terms used herein and not otherwise defined herein shall have the meanings provided in Section 18 of this Note.
