ContractCommon Stock Purchase Warrant • October 10th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals • Texas
NEITHER THIS WARRANT NOR THE SHARES OF COMMON STOCK ISSUABLE UPON ITS EXERCISE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS (I) PURSUANT TO REGISTRATION UNDER THE ACT OR (II) IN COMPLIANCE WITH AN EXEMPTION THEREFROM AND ACCOMPANIED, IF REQUESTED BY THE COMPANY, WITH AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH TRANSFER IS IN COMPLIANCE WITH AN EXEMPTION THEREFROM (UNLESS SUCH TRANSFER IS TO AN AFFILIATE OF THE REGISTERED HOLDER).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 10th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals • Texas
This Securities Purchase Agreement (this “Agreement”) is made as of October 6, 2008, by and among Panda Ethanol, Inc., Nevada corporation (the “Company”), and PLC II, LLC, a Delaware limited liability company (the “Investor”).
AMENDMENT AND ADDITIONAL FUNDING AGREEMENT TO SUBORDINATED DEBT FINANCING AGREEMENTSubordinated Debt Financing Agreement • October 10th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals • New York
This AMENDMENT AND ADDITIONAL FUNDING AGREEMENT TO SUBORDINATED DEBT FINANCING AGREEMENT (this “Amendment”), dated as of October 6, 2008, is made by and between PANDA HEREFORD ETHANOL, L.P., as the Borrower, and BALKAN VENTURES LLC, as the Subordinated Lender (collectively, the “Parties”). Capitalized terms not defined in this Amendment shall have the meanings given in that certain Subordinated Debt Financing Agreement, dated as of July 28, 2006 (as amended, modified or supplemented, the “SDFA”), by and between Borrower and the Subordinated Lender.
FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 10th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals • Texas
This First Amendment to Registration Rights Agreement (this “Amendment”) is made and entered into as of October 7, 2008, by and among Panda Ethanol, Inc., a Nevada corporation (the “Company”), Panda Energy International, Inc., a Texas corporation (“Panda Energy”), and the several Holders signatory hereto.
WAIVER TO FINANCING AGREEMENT AND DEPOSITARY AND DISBURSEMENT AGREEMENTWaiver to Financing Agreement and Depositary and Disbursement Agreement • October 10th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals
This WAIVER TO FINANCING AGREEMENT AND DEPOSITARY AND DISBURSEMENT AGREEMENT (this “Waiver”), dated as of October 6, 2008, is made by and among PANDA HEREFORD ETHANOL, L.P., as Borrower, SOCIÉTÉ GÉNÉRALE, as Administrative Agent (in such capacity, the “Administrative Agent”), Disbursement Agent and a Lender, and the party hereto (collectively, the “Parties”). Capitalized terms not defined in this Waiver shall have the meanings given in the Financing Agreement, dated as of July 28, 2006 (as amended, the “Financing Agreement”), by and among Borrower, the Agents, the Lenders from time to time party thereto, the LC Fronting Bank and the Lead Arranger.
