EXHIBIT 4.3 ----------- NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON CONVERSION OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION...Zoltek Companies Inc • April 30th, 2004 • Electrical industrial apparatus
(1) 110% of the average of the VWAP for the ten Trading Days immediately prior to the date of the Purchase Agreement or the Closing, whichever is less; provided, that (x) the Exercise Price -------- for those Holders who became party to the Purchase...Zoltek Companies Inc • January 13th, 2004 • Electrical industrial apparatus
ii) A photocopy of a fully executed original of the Securities Purchase Agreement dated as of December 19, 2003 (as same may have been amended, the "Securities Purchase Agreement") by and among Parent and the Investors (as defined therein); and (iii)...Credit Agreement • January 13th, 2004 • Zoltek Companies Inc • Electrical industrial apparatus • Missouri
ARTICLE I. DEFINITIONSSecurities Purchase Agreement • April 30th, 2004 • Zoltek Companies Inc • Electrical industrial apparatus • New York
EXHIBIT C ---------Zoltek Companies Inc • February 9th, 2005 • Electrical industrial apparatus • New York
BY AND AMONGStock Purchase Agreement • November 21st, 2000 • Zoltek Companies Inc • Electrical industrial apparatus • Missouri
THIS STOCK PURCHASE AGREEMENT ("Agreement") is made as of the 19th day of November, 1999, by and among Zoltek Companies, Inc., a corporation organized under the laws of the State of Missouri ("Purchaser"), and each of the holders of the issued and...Stock Purchase Agreement • November 24th, 1999 • Zoltek Companies Inc • Electrical industrial apparatus • New York
EFFECTIVENESS DATE" means: (a) with respect to the initial Registration Statement required to be filed to cover the resale by the Holders of the Registrable Securities, the earlier of: (a)(i) the 90th day following the Closing Date; provided, that, if...Registration Rights Agreement • February 9th, 2005 • Zoltek Companies Inc • Electrical industrial apparatus • New York
ARTICLE 1Registration Rights Agreement • November 24th, 1999 • Zoltek Companies Inc • Electrical industrial apparatus • New York
U.S. $71,000,000 CREDIT AGREEMENT dated as of November 19, 1999 among ZOLTEK COMPANIES, INC., ZOLTEK CORPORATION, ZOLTEK INTERMEDIATES CORPORATION, ZOLTEK PROPERTIES, INC., CAPE COMPOSITES, INC., AND ENGINEERING TECHNOLOGY CORPORATION, as the...Credit Agreement • November 24th, 1999 • Zoltek Companies Inc • Electrical industrial apparatus
EXHIBIT B ---------Zoltek Companies Inc • December 18th, 2006 • Electrical industrial apparatus • New York
FORM OF WARRANT ---------------Zoltek Companies Inc • February 20th, 2003 • Electrical industrial apparatus • Missouri
Exhibit 10.1 FIRST AMENDMENT TO CREDIT AGREEMENT ----------------------------------- This First Amendment to Credit Agreement (this "Amendment") is made and entered into as of the 13th day of February, 2003, by and among ZOLTEK COMPANIES, INC., a...Credit Agreement • February 20th, 2003 • Zoltek Companies Inc • Electrical industrial apparatus
ARTICLE I. DEFINITIONSSecurities Purchase Agreement • January 13th, 2004 • Zoltek Companies Inc • Electrical industrial apparatus • New York
Borrowing Base - At any date of determination, an amount equal -------------- to: (i) eighty percent (80%) of the face amount of Eligible Accounts outstanding at such date; plus (ii) the Eligible Inventory Advance ---- Amount; minus (iii) the...Credit Agreement • December 28th, 2006 • Zoltek Companies Inc • Electrical industrial apparatus
WARRANTZoltek Companies Inc • April 30th, 2004 • Electrical industrial apparatus
EFFECTIVENESS DATE" means: (a) with respect to the initial Registration Statement required to be filed to cover the resale by the Holders of the Registrable Securities, the earlier of: (a)(i) the 90th day following the First Closing Date; provided,...Registration Rights Agreement • October 3rd, 2005 • Zoltek Companies Inc • Electrical industrial apparatus • New York
amongCredit Agreement • August 14th, 2000 • Zoltek Companies Inc • Electrical industrial apparatus
Exhibit 4.3 SECURITY AGREEMENT ------------------ SECURITY AGREEMENT (as amended, supplemented or otherwise modified from time to time, the "AGREEMENT"), dated as of October 14, 2004, among Zoltek Vegyipari Reszvenytarsasag, a corporation formed under...Security Agreement • October 19th, 2004 • Zoltek Companies Inc • Electrical industrial apparatus
EXHIBIT C ---------Zoltek Companies Inc • October 3rd, 2005 • Electrical industrial apparatus • New York
WAIVER AND CONSENT ------------------Waiver And • February 8th, 2006 • Zoltek Companies Inc • Electrical industrial apparatus • New York
EXHIBIT 10.1 CREDIT AGREEMENTCredit Agreement • August 14th, 2001 • Zoltek Companies Inc • Electrical industrial apparatus • Missouri
WITNESSETH:Credit Agreement • May 15th, 2000 • Zoltek Companies Inc • Electrical industrial apparatus
THIS SUBORDINATED CONVERTIBLE DEBENTURE PURCHASE AGREEMENT (this "Agreement") is entered into as of the 13th day of February, 2003, by and among ZOLTEK COMPANIES, INC., a Missouri corporation (the "Company"), and each of the investors listed on...Convertible Debenture Purchase Agreement • February 20th, 2003 • Zoltek Companies Inc • Electrical industrial apparatus • Missouri
ZOLTEK REPORTS LONG TERM CARBON FIBER SUPPLY AGREEMENT ------------------------------------------------------ WITH DEWIND -----------Zoltek Companies Inc • June 14th, 2007 • Electrical industrial apparatus
CREDIT AGREEMENT dated as of April 27, 2012 among ZOLTEK COMPANIES, INC. and JPMORGAN CHASE BANK, N.A.Credit Agreement • August 2nd, 2012 • Zoltek Companies Inc • Electrical industrial apparatus • Illinois
CREDIT AGREEMENT dated as of April 27, 2012 (as it may be amended or modified from time to time, this “Agreement”), by and among ZOLTEK COMPANIES, INC., the other Loan Parties party hereto and JPMORGAN CHASE BANK, N.A.
ARTICLE I. DEFINITIONSLoan and Warrant Agreement • October 3rd, 2005 • Zoltek Companies Inc • Electrical industrial apparatus • New York
i) any Liens existing on the date hereof and specifically disclosed in Schedule B attached hereto as inseparable ---------- part of this Agreement ("EXISTING LIENS"), provided that after the -------- ---- 10th day following the date on which the...Mortgage Agreement • October 19th, 2004 • Zoltek Companies Inc • Electrical industrial apparatus
ZOLTEK COMPANIES, INC. (a Missouri corporation) 4,000,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • August 15th, 2007 • Zoltek Companies Inc • Electrical industrial apparatus • New York
MERRILL LYNCH & CO. Merrill Lynch, Pierce, Fenner & Smith Incorporated as Representative of the several Underwriters 4 World Financial Center New York, New York 10080
AGREEMENT AND PLAN OF MERGER by and among ZOLTEK COMPANIES, INC., TORAY INDUSTRIES, INC. and TZ ACQUISITION CORP. Dated September 27, 2013Agreement and Plan of Merger • September 27th, 2013 • Zoltek Companies Inc • Electrical industrial apparatus • Missouri
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of September 27, 2013, is by and among Zoltek Companies, Inc., a Missouri corporation (the “Company”), Toray Industries, Inc., a Japanese kabushiki kaisha (“Parent”), and TZ Acquisition Corp., a Missouri corporation and a wholly-owned subsidiary of Parent (“Merger Sub”)
EXHIBIT A ---------2004 Securities Purchase Agreement • October 3rd, 2005 • Zoltek Companies Inc • Electrical industrial apparatus
RECITALS --------Loan and Warrant Agreement and Registration Rights Agreement • December 18th, 2006 • Zoltek Companies Inc • Electrical industrial apparatus • New York
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • December 2nd, 2008 • Zoltek Companies Inc • Electrical industrial apparatus • Missouri
THIS EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 26th day of November, 2008 by and between Zoltek Companies, Inc. (“Company”), and Andrew W. Whipple (“Executive”). In consideration of the mutual covenants and promises herein contained, the adequacy of which is hereby acknowledged, Company and Executive hereby agree as follows.
REVOLVING CREDIT NOTECredit Note • February 9th, 2009 • Zoltek Companies Inc • Electrical industrial apparatus
This Revolving Credit Note (this “Note”) is the Revolving Credit Note referred to in, and is issued pursuant to, that certain Credit Agreement between the Borrowers and the Bank dated even date herewith (as amended or otherwise modified from time to time, the “Credit Agreement”), and is entitled to all of the benefits and security of the Credit Agreement. All of the terms, covenants and conditions of the Credit Agreement and all other instruments evidencing or securing the indebtedness hereunder are hereby made a part of this Note and are deemed incorporated herein in full. All capitalized terms used herein, unless otherwise specifically defined in this Note, shall have the meanings ascribed to them in the Credit Agreement.
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 19th, 2010 • Zoltek Companies Inc • Electrical industrial apparatus
This Third Amendment to Credit Agreement (this “Amendment”) is made and entered into as of the 14th day of April, 2010, by and among ZOLTEK COMPANIES, INC., a Missouri corporation having its chief executive office and principal place of business located at 3101 McKelvey Road, St. Louis, Missouri 63044 (“Parent”), ZOLTEK CORPORATION, a Missouri corporation, ENGINEERING TECHNOLOGY CORPORATION, a Missouri corporation, and ZOLTEK PROPERTIES, INC., a Missouri corporation, (individually and collectively hereinafter “Borrowers”; all references to “Borrowers” or “Borrower” shall mean each and all of the Borrowers) and SOUTHWEST BANK, an M&I Bank (the “Bank”), with an office at 13205 Manchester Road, St. Louis, Missouri 63131.
