EXHIBIT 10.41 _________________________________________________________________ _______________Purchase Agreement • April 13th, 1998 • KFX Inc • Industrial organic chemicals • Colorado
Contract Type FiledApril 13th, 1998 Company Industry Jurisdiction
200,000 SHARES COMMON STOCK PURCHASE WARRANTKFX Inc • November 14th, 2001 • Industrial organic chemicals • New York
Company FiledNovember 14th, 2001 Industry Jurisdiction
KFX INC. STOCK OPTION AGREEMENT ----------------------Stock Option Agreement • February 22nd, 2005 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledFebruary 22nd, 2005 Company Industry Jurisdiction
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 9th, 2009 • Evergreen Energy Inc • Bituminous coal & lignite surface mining
Contract Type FiledNovember 9th, 2009 Company IndustryThis Registration Rights Agreement (this “Agreement”) is made and entered into as of October 21, 2009, between Evergreen Energy Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
THIS COMMON STOCK AND WARRANT PURCHASE AGREEMENT (this "Agreement") is --------- entered into as of March 28, 2002, by and among KFx, Inc., a Delaware Corporation (the "Company"), and the parties listed on the Schedule of Investors ------- attached...Rights Agreement • April 2nd, 2002 • KFX Inc • Industrial organic chemicals • New York
Contract Type FiledApril 2nd, 2002 Company Industry Jurisdiction
RECITALSAssignment and Assumption Agreement • August 15th, 2001 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledAugust 15th, 2001 Company Industry Jurisdiction
7.01 Meetings 7.02 Place of Meetings 7.03 Notice of Meeting 7.04 Meeting of All Members 7.05 Record Date 7.06 Quorum 7.07 Manner of Acting 7.08 Proxies 7.09 Action by Members Without a Meeting 7.10 Waiver of Notice 7.11 Telephonic Meetings 7.12 Budget...Operating Agreement • April 13th, 1998 • KFX Inc • Industrial organic chemicals • Ohio
Contract Type FiledApril 13th, 1998 Company Industry Jurisdiction
33,334 SHARES COMMON STOCK PURCHASE WARRANTKFX Inc • May 17th, 1999 • Industrial organic chemicals • Colorado
Company FiledMay 17th, 1999 Industry Jurisdiction
EXHIBIT 4.2Warrant Agreement • August 22nd, 1997 • KFX Inc • Industrial organic chemicals • New York
Contract Type FiledAugust 22nd, 1997 Company Industry Jurisdiction
ARTICLE I DEFINITIONSNon-Qualified Stock Option Agreement • March 31st, 1999 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledMarch 31st, 1999 Company Industry Jurisdiction
50,000 SHARES COMMON STOCK PURCHASE WARRANTKFX Inc • May 17th, 1999 • Industrial organic chemicals • Colorado
Company FiledMay 17th, 1999 Industry Jurisdiction
ARTICLE IRegistration Rights Agreement • April 17th, 2001 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledApril 17th, 2001 Company Industry Jurisdiction
Exhibit 99.3 KFX INC. STOCK OPTION AGREEMENT ----------------------Stock Option Agreement • February 22nd, 2005 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledFebruary 22nd, 2005 Company Industry Jurisdiction
6% CONVERTIBLE DEBENTURES DUE 2002Indenture • April 13th, 1998 • KFX Inc • Industrial organic chemicals • New York
Contract Type FiledApril 13th, 1998 Company Industry Jurisdiction
ARTICLE IRegistration Rights Agreement • April 16th, 2002 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledApril 16th, 2002 Company Industry Jurisdiction
EXHIBIT 10.01Exchange Agreement • October 1st, 1999 • KFX Inc • Industrial organic chemicals • Colorado
Contract Type FiledOctober 1st, 1999 Company Industry Jurisdiction
1 EXHIBIT 10.1 COMMON STOCK AND SERIES A PREFERRED STOCK PURCHASE AGREEMENTPreferred Stock Purchase Agreement • March 24th, 2000 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledMarch 24th, 2000 Company Industry Jurisdiction
ARTICLE IRegistration Rights Agreement • April 16th, 2002 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledApril 16th, 2002 Company Industry Jurisdiction
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 17th, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
Contract Type FiledMarch 17th, 2010 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of March 16, 2010, between Evergreen Energy Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
RIGHTS AGREEMENT Dated as of December 4, 2008 between EVERGREEN ENERGY INC. and INTERWEST TRANSFER COMPANY, INC.Rights Agreement • December 4th, 2008 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • Delaware
Contract Type FiledDecember 4th, 2008 Company Industry JurisdictionRights Agreement, dated as of December 4, 2008 (the “Agreement”), between Evergreen Energy Inc., a Delaware corporation (the “Company”), and Interwest Transfer Company, Inc., a Utah corporation (the “Rights Agent”).
WARRANTWarrant Purchase Agreement • May 20th, 2002 • KFX Inc • Industrial organic chemicals • New York
Contract Type FiledMay 20th, 2002 Company Industry Jurisdiction
KFX, INC.Registration Rights Agreement • November 14th, 2001 • KFX Inc • Industrial organic chemicals • New York
Contract Type FiledNovember 14th, 2001 Company Industry Jurisdiction
COMMON STOCK PURCHASE WARRANT EVERGREEN ENERGY INC.Common Stock Purchase • March 17th, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining
Contract Type FiledMarch 17th, 2010 Company IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on March __, 2015 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evergreen Energy Inc., a Delaware corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock.
COMMON STOCK PURCHASE WARRANT EVERGREEN ENERGY INC.Evergreen Energy Inc • November 9th, 2009 • Bituminous coal & lignite surface mining
Company FiledNovember 9th, 2009 IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evergreen Energy Inc., a Delaware corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
ARTICLE IRegistration Rights Agreement • April 16th, 2002 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledApril 16th, 2002 Company Industry Jurisdiction
KFX, INC.Common Stock and Warrant Purchase Agreement • March 11th, 2003 • KFX Inc • Industrial organic chemicals • New York
Contract Type FiledMarch 11th, 2003 Company Industry Jurisdiction
CONFIDENTIALEvergreen Energy Inc • March 17th, 2010 • Bituminous coal & lignite surface mining • New York
Company FiledMarch 17th, 2010 Industry Jurisdiction
DESIGN-BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR (WHERE THE BASIS OF COMPENSATION FOR DESIGN AND ENGINEERING IS FIXED RATE NOT TO EXCEED A MAXIMUM AND COMPENSATION FOR THE WORK IS COST-PLUS, NOT TO EXCEED A MAXIMUM AMOUNT)...Agreement • March 31st, 1997 • KFX Inc • Services-commercial physical & biological research • Wyoming
Contract Type FiledMarch 31st, 1997 Company Industry Jurisdiction
FORM OF SECURITIES PURCHASE AGREEMENTForm of Securities Purchase Agreement • January 27th, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
Contract Type FiledJanuary 27th, 2010 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of January 26, 2010, between Evergreen Energy Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
EXHIBIT 10.01 CONFIDENTIAL FIRST AMENDED LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • August 13th, 1999 • KFX Inc • Industrial organic chemicals • Delaware
Contract Type FiledAugust 13th, 1999 Company Industry Jurisdiction
55,000 SHARES COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • May 17th, 1999 • KFX Inc • Industrial organic chemicals • Colorado
Contract Type FiledMay 17th, 1999 Company Industry Jurisdiction
PUT AGREEMENTPut Agreement • March 24th, 2000 • KFX Inc • Industrial organic chemicals • Colorado
Contract Type FiledMarch 24th, 2000 Company Industry Jurisdiction
100,000 SHARES COMMON STOCK PURCHASE WARRANTKFX Inc • November 14th, 2001 • Industrial organic chemicals • Colorado
Company FiledNovember 14th, 2001 Industry Jurisdiction
95,000,000 Principal Amount EVERGREEN ENERGY INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 30th, 2007 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
Contract Type FiledJuly 30th, 2007 Company Industry JurisdictionEvergreen Energy Inc., a Delaware corporation (the “Issuer”), proposes to issue and sell to Credit Suisse Securities (USA) LLC, Capital One Southcoast, Inc., Natexis Bleichroeder Inc. and Johnson Rice & Company L.L.C. (collectively, the “Initial Purchasers”), upon the terms set forth in a purchase agreement of even date herewith (the “Purchase Agreement”), $95,000,000 aggregate principal amount of its 8.00% Convertible Secured Notes due 2012 (the “Initial Securities”) to be guaranteed (the “Guaranties”) by Evergreen Operations, LLC, a Delaware limited liability company, KFx Operations, LLC, a Wyoming limited liability company, Landrica Development Company, a South Dakota corporation, KFx Plant, LLC, a Wyoming limited liability company and Buckeye Industrial Mining Co., an Ohio corporation, the “Guarantors” and, collectively with the Issuer, the “Company”). The Initial Securities will be convertible into shares of common stock, par value $.001 per share, of the Issuer (the “Common Stock
KFX INC. 2004 EQUITY INCENTIVE PLAN STOCK OPTION AGREEMENTPlan Stock Option Agreement • December 17th, 2004 • KFX Inc • Industrial organic chemicals • California
Contract Type FiledDecember 17th, 2004 Company Industry Jurisdiction