FULCRUM SIERRA BIOFUELS, LLC FEEDSTOCK SUPPLY AGREEMENT Dated as of September 3, 2010Feedstock Supply Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • New York
THIS FEEDSTOCK SUPPLY AGREEMENT (“Agreement”) is made and entered into as of this 3rd day of September, 2010 (“Effective Date”), between Waste Management of Nevada, Inc., a Nevada corporation (“Supplier”), and Fulcrum Sierra BioFuels, LLC, a Delaware limited liability company (“Fulcrum”). Supplier and Fulcrum are sometimes referred to herein jointly as the “Parties” and individually as a “Party.”
CREDIT AGREEMENT dated as of November 16, 2011 by and between FULCRUM SIERRA BIOFUELS, LLC, as Borrower, and WM ORGANIC GROWTH, INC., as Lender, Sierra BioFuels Plant, McCarran, NevadaSecurity Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • Nevada
This CREDIT AGREEMENT, dated as of November 16, 2011 (“Agreement”), among Fulcrum Sierra Biofuels, LLC, a Delaware limited liability company, as borrower (“Borrower”), and WM Organic Growth, Inc., a Delaware corporation, as lender (“Lender”).
MASTER PROJECT DEVELOPMENT AGREEMENT between Fulcrum BioEnergy, Inc. and WM Organic Growth, Inc. Dated as of November 16, 2011Master Project Development Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • Texas
This Master Project Development Agreement (“Agreement”) is entered into as of November 16, 2011 (“Effective Date”), between WM Organic Growth, Inc., a Delaware corporation (“WMI”) on behalf of subsidiaries of Waste Management, Inc., and Fulcrum BioEnergy, Inc., a Delaware corporation (“Fulcrum”). Fulcrum and WMI are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
MASTER PROJECT DEVELOPMENT AGREEMENT between Fulcrum BioEnergy, Inc. and Waste Connections, Inc. Dated as of December 19, 2008Project Development Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • California
This Master Project Development Agreement (“Agreement”) is entered into as of December 19, 2008 (“Effective Date”), between Waste Connections, Inc., a Delaware corporation (“WCNX”), and Fulcrum BioEnergy, Inc., a Delaware corporation (“Fulcrum”). Fulcrum and WCNX are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
FULCRUM SIERRA BIOFUELS, LLC RESOURCE RECOVERY SUPPLY AGREEMENT Dated as of November 14, 2008Resource Recovery Supply Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • California
THIS RESOURCE RECOVERY SUPPLY AGREEMENT (“Agreement”) is made and entered into as of this day of November, 2008 (“Effective Date”), between Waste Connections of California, Inc., a California corporation (“WCC”), and Fulcrum Sierra BioFuels, LLC, a Delaware limited liability company (“Fulcrum”). WCC and Fulcrum are sometimes referred to herein jointly as the “Parties” and individually as a “Party.”
DEVELOPMENT AGREEMENTDevelopment Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • Saskatchewan
THIS AGREEMENT is made effective as of May 27, 2008 (the “Effective Date”), by and among Fulcrum Technology Company, LLC (“Fulcrum”), a Delaware limited liability company having its principal place of business at 4900 Hopyard Road, Suite 220, Pleasanton, California 94588, and Nipawin Biomass Ethanol New Generation Co-operative Ltd. (“Nipawin”), a new generation co-operative pursuant to the Laws of the Province of Saskatchewan, Canada, having its principal place of business at Post Office Box 2134, Nipawin, Saskatchewan, Canada S0E 1E0, and Saskatchewan Research Council (“SRC”), a Treasury Board Crown Corporation of the Government of Saskatchewan having its principal place of business at 125 – 15 Innovation Boulevard, Saskatoon, Saskatchewan, Canada S7N 2X8, with reference to the following:
FULCRUM BIOENERGY, INC. SECOND AMENDED AND RESTATED SERIES C PREFERRED STOCK PURCHASE AGREEMENT November 8, 2011Adoption Agreement • January 5th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • Delaware
This Second Amended and Restated Series C Preferred Stock Purchase Agreement (this “Agreement”), dated as of November 8, 2011, by and among Fulcrum BioEnergy, Inc., a Delaware corporation (the “Company”), the investors listed on Exhibit A attached hereto (each an “Existing Investor” and collectively, the “Existing Investors”) and the investors listed on Exhibit B attached hereto (the “New Investors” and together with the Existing Investors, the “Investors”).
