Examples of KFT Trust in a sentence
Kior, Inc., a Delaware corporation (the “Company”), has entered into a Loan and Security Agreement, dated as of January 26, 2012, as amended by Amendment No. 1 thereto, dated March 17, 2013 (the “Loan Amendment” and together with the Loan and Security Agreement, the “Loan Agreement”), with Xxxxx Xxxxxx, as trustee of the KFT Trust, Xxxxx Xxxxxx, Trustee (the “Warrantholder”), 1538731 ALBERTA LTD.
Kior, Inc., a Delaware corporation (the “Company”), has entered into a Loan and Security Agreement, dated as of January 26, 2012, as amended by Amendment No. 1 thereto, dated March 17, 2013 (the “Loan Amendment” and together with the Loan and Security Agreement, (the “Loan Agreement”), with Xxxxx Xxxxxx, as trustee of the KFT Trust, Xxxxx Xxxxxx, Trustee (the “Warrantholder”), 1538731 ALBERTA LTD.
Kior, Inc., a Delaware corporation (the “Company”), has entered into a Loan and Security Agreement, dated as of January 26, 2012, as amended by Amendment No. 1 thereto, dated March 17, 2013 (the “Loan Amendment” and together with the Loan and Security Agreement, the “Loan Agreement”), with Xxxxx Xxxxxx, as trustee of the KFT Trust, Xxxxx Xxxxxx, Trustee (the “Warrantholder”) and 1538731 ALBERTA LTD.
Each Purchaser appoints and designates KFT Trust as Agent for the following purposes under all Transaction Documents, it being acknowledged and agreed that to the extent that Agent is a Purchaser hereunder, it shall be free to act in its capacity as Agent in its own self-interest without fiduciary obligations to the other Purchasers in exercising, or refraining from exercising, the rights granted to Agent hereunder.
Since August 2, 2013, the Company has not issued any equity or equity linked securities other than (i) shares of Class A Common Stock issued in connection with the exercise of stock options granted prior to such date and (ii) warrants to purchase an aggregate of 812,031 shares of Class A common stock issued to KFT Trust, Xxxxx Xxxxxx, Trustee in connection with the Company’s borrowing under the Loan and Security Agreement, dated as of January 26, 2012, as amended.
As a Lender, the KFT Trust (and any successor Agent that is a Lender) shall have the same rights and remedies under the other Loan Documents as any other Lender, and the terms “Lenders,” “Required Lenders” or any similar term shall include the KFT Trust (and any such successor Agent that is a Lender) in its capacity as a Lender.
All Liens in favor of the Agent and the Lenders shall be deemed automatically released upon the consummation of such offering of the Natchez Financing and the mandatory conversion contemplated hereunder, provided that the Secured Obligations owed to KFT Trust shall have been or shall substantially simultaneously with the consummation of the Natchez Financing shall be, converted into Conversion Shares as provided in Section 2.11 below.
At the First Closing, KiOR shall deliver to each Purchaser an executed Note being purchased by such Purchaser against payment of the purchase price therefor by check payable to KiOR, by wire transfer to the bank account that has been designated by KiOR, and/or, to the extent contemplated by the terms of the Existing Loan as in effect on the date hereof, by cancellation or conversion of indebtedness of KiOR to KFT Trust.
Each Lender appoints and designates the KFT Trust as Agent under all Loan Documents.
For purposes of the foregoing calculations of proceeds: (i) the sale of the principal amount of the Notes and Shares pursuant to this Agreement, other than the sales to KFT Trust, shall be included in such calculations and (ii) the sale of shares of Class A Common Stock pursuant to that certain Class A Common Stock Purchase Agreement by and between Kior and the purchaser set forth therein and dated on or about the date hereof, shall be included in such calculations.