0000950170-23-050149 Sample Contracts

August 18, 2023 Mark Wong (via email) Dear Mark:
S&W Seed Co • September 27th, 2023 • Agricultural production-crops

This letter sets forth your agreement (this “Agreement”) with S&W Seed Company, a Nevada corporation (the “Company”), regarding your retirement from the Company.

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EMPLOYMENT AGREEMENT
Employment Agreement • September 27th, 2023 • S&W Seed Co • Agricultural production-crops • Colorado

This Employment Agreement (this “Agreement”) is entered into as of June 26, 2023 (the “Effective Date”) by and between S&W Seed Company, a Nevada corporation (the “Company”) and Mark Herrmann (“Executive”). Together, Executive and the Company are sometimes referred to as the “Parties.” Capitalized terms not otherwise defined herein shall have the meanings set forth in Section 9 below.

February 6, 2023 Donald M. Panter, Jr.
S&W Seed Co • September 27th, 2023 • Agricultural production-crops

This letter sets forth the substance of the separation agreement (this “Agreement”) that S&W Seed Company (the “Company”) is offering as you transition employment to Vision Bioenergy Oilseeds LLC (“VBO”).

FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 27th, 2023 • S&W Seed Co • Agricultural production-crops • Illinois

This First Amendment to Amended and Restated Loan and Security Agreement (this “First Amendment”) made and entered into as of the 25th day of September, 2023, is by and among S&W Seed Company, a Nevada corporation (“S&W Seed”; together with any other party joined as a borrower under the Loan Agreement (as hereinafter defined), each individually a “Borrower” and collectively referred to as "Borrowers"), the other Loan Parties hereto, the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”), and CIBC Bank USA (in its individual capacity, “CIBC US”), as administrative agent for the Lenders (“Administrative Agent”).

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