EXHIBIT 10.41 _________________________________________________________________ _______________Purchase Agreement • April 13th, 1998 • KFX Inc • Industrial organic chemicals • Colorado
250,000 SHARES COMMON STOCK PURCHASE WARRANT #BF-1KFX Inc • November 14th, 2001 • Industrial organic chemicals • Colorado
KFX INC. STOCK OPTION AGREEMENT ----------------------Stock Option Agreement • February 22nd, 2005 • KFX Inc • Industrial organic chemicals • Delaware
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 9th, 2009 • Evergreen Energy Inc • Bituminous coal & lignite surface mining
This 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
RECITALSAssignment and Assumption Agreement • August 15th, 2001 • KFX Inc • Industrial organic chemicals • Delaware
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
EXHIBIT 4.2Warrant Agreement • August 22nd, 1997 • KFX Inc • Industrial organic chemicals • New York
ARTICLE I DEFINITIONSNon-Qualified Stock Option Agreement • March 31st, 1999 • KFX Inc • Industrial organic chemicals • Delaware
ARTICLE IRegistration Rights Agreement • April 17th, 2001 • KFX Inc • Industrial organic chemicals • Delaware
Exhibit 99.3 KFX INC. STOCK OPTION AGREEMENT ----------------------Stock Option Agreement • February 22nd, 2005 • KFX Inc • Industrial organic chemicals • Delaware
6% CONVERTIBLE DEBENTURES DUE 2002Indenture • April 13th, 1998 • KFX Inc • Industrial organic chemicals • New York
ARTICLE IRegistration Rights Agreement • April 16th, 2002 • KFX Inc • Industrial organic chemicals • Delaware
EXHIBIT 10.01Exchange Agreement • October 1st, 1999 • KFX Inc • Industrial organic chemicals • Colorado
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
50,000 SHARES COMMON STOCK PURCHASE WARRANTKFX Inc • May 17th, 1999 • Industrial organic chemicals • Colorado
ARTICLE IRegistration Rights Agreement • April 16th, 2002 • KFX Inc • Industrial organic chemicals • Delaware
250,000 SHARES COMMON STOCK PURCHASE WARRANT #BF-2KFX Inc • November 14th, 2001 • Industrial organic chemicals • Colorado
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 17th, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
This 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
Rights 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
KFX, INC.Registration Rights Agreement • November 14th, 2001 • KFX Inc • Industrial organic chemicals • New York
COMMON STOCK PURCHASE WARRANT EVERGREEN ENERGY INC.Common Stock Purchase • March 17th, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining
THIS 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
THIS 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
KFX, INC.Common Stock and Warrant Purchase Agreement • March 11th, 2003 • KFX Inc • Industrial organic chemicals • New York
CONFIDENTIALEvergreen Energy Inc • March 17th, 2010 • Bituminous coal & lignite surface mining • New York
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
FORM OF SECURITIES PURCHASE AGREEMENTForm of Securities Purchase Agreement • January 27th, 2010 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
This 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
55,000 SHARES COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • May 17th, 1999 • KFX Inc • Industrial organic chemicals • Colorado
PUT AGREEMENTPut Agreement • March 24th, 2000 • KFX Inc • Industrial organic chemicals • Colorado
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
Evergreen 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
PURCHASE AGREEMENTPurchase Agreement • November 24th, 2004 • KFX Inc • Industrial organic chemicals • New York
THIS AGREEMENT is made as of the 19th day of November 2004 by and between KFx, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, with its principal offices at 55 Madison Street, Suite 745, Denver, Colorado 80206, and the purchaser whose name and address is set forth on the signature page hereof (the “Purchaser”).
KFX INC. 2004 EQUITY INCENTIVE PLAN STOCK OPTION AGREEMENTPlan Stock Option Agreement • December 17th, 2004 • KFX Inc • Industrial organic chemicals • California
