PURCHASE & MARKETING AGREEMENT EXCLUSIVE PRODUCTION APPHARVEST, LLC (United States)Purchase & Marketing Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • Michigan
This agreement (“Agreement”) is made this 28th day of March, 2019 (“Effective Date”) between AppHarvest, Inc., a Delaware corporation (“Grower”) and Mastronardi Produce Limited, a corporation incorporated pursuant to the laws of the Province of Ontario, Canada, having its principal office at 2100 Road 4 East, ON CAN9Y 2E, Kingsville, Ontario, Canada (“Mastronardi”).
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • Delaware
This Registration Rights Agreement (this “Agreement”) is made and entered into as of [ ], 2020 (the “Effective Date”) by and among Novus Capital Corporation, a Delaware corporation (the “Company”) and the parties listed on Schedule A hereto (each, a “Holder” and collectively, the “Holders”). Any capitalized term used but not defined herein will have the meaning ascribed to such term in the Business Combination Agreement (as defined below).
RIGHT OF FIRST REFUSAL AGREEMENTRight of First Refusal Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • New York
THIS RIGHT OF FIRST REFUSAL AGREEMENT (this “Agreement”), dated as of May 13, 2019 (the “Effective Date”), is entered into by and between CEFF US Holdings, LLC, a Delaware limited liability company (“CEFF”), and AppHarvest, Inc., a Delaware corporation (“AppHarvest”) (each of CEFF and AppHarvest being sometimes hereinafter referred to individually as a “Party” and together as the “Parties”).
FIRST AMENDMENT TO MASTER LEASE AGREEMENTMaster Lease Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • Kentucky
This FIRST AMENDMENT TO MASTER LEASE AGREEMENT (this “Amendment”) is made as of September 30, 2019 (the “Amendment Effective Date”) by and between Morehead 30 Farm, LLC, a Delaware limited liability company (“Lessor”) and AppHarvest Morehead Farm, LLC, a Delaware limited liability company (“Lessee”). Lessor and Lessee are sometimes individually referred to as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Lease (as defined below).
STOCKHOLDERS RIGHTS AGREEMENTStockholders Rights Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • Delaware
This STOCKHOLDERS RIGHTS AGREEMENT (this “Agreement”), dated as of [___], 2020, is entered into by and among Novus Capital Corporation, a Delaware corporation (the “Company”), and each of the stockholders of the Company or AppHarvest, Inc., a Delaware public benefit corporation (“AppHarvest”), whose name appears on the signature pages hereto (each a “Stockholder,” and collectively, the “Stockholders”). Each capitalized term used but not defined herein shall have the meaning ascribed to such term in the Business Combination Agreement and Plan of Reorganization by and among the Company, ORGA, Inc., a Delaware corporation and wholly owned subsidiary of the Company (“Merger Sub”) and AppHarvest, dated as of September 28, 2020 (as amended, restated, supplemented, modified or waived from time to time in accordance with its terms, the “BCA”).
SPONSOR RESTRICTED STOCK AGREEMENTSponsor Restricted Stock Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • Delaware
This RESTRICTED STOCK AGREEMENT, dated as of [•], 2020 (“Agreement”), by and among NOVUS CAPITAL CORPORATION, a Delaware corporation (“Novus”), the stockholders of Novus listed on Exhibit A hereto (the “Stockholders”) and AppHarvest, Inc., a Delaware public benefit corporation (the “Company”).
COVER SHEET MASTER LEASE AGREEMENTMaster Lease Agreement • November 9th, 2020 • Novus Capital Corp • Agricultural production-crops • Kentucky
This MASTER LEASE AGREEMENT (this “Lease Agreement”), dated as of May 13, 2019 (the “Effective Date”), is entered into by and between Morehead Farm, LLC, a Delaware limited liability company (“Lessor”), and AppHarvest Morehead Farm, LLC, a Delaware limited liability company (“Lessee”). Lessor and Lessee are each referred to in this Lease Agreement as a “Party,” and they are referred to collectively as the “Parties.”
