EXECUTIVE AGREEMENTExecutive Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Massachusetts
This Executive Agreement (this “Agreement”) is dated as of March 29, 2022 and will be effective as of April 1, 2022 (the “Effective Date”), by and between Aspen Aerogels, Inc., a Delaware corporation (the “Company”), and Ricardo C. Rodriguez (the “Executive”).
pILOT AgreementPilot Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Georgia
THIS PILOT AGREEMENT (this “Agreement” or “PILOT Agreement”) is dated February 17, 2022, and is entered into by and between the Development Authority of Bulloch County, a public body corporate and politic created and existing under the Constitution and laws of the State of Georgia (the “Authority”) and Aspen Aerogels GEORGIA, LLc, a Georgia limited liability company (the “Company”), in order to evidence their agreements as the respective parties hereto. Bulloch County, GEORGIA (the “County”), the Board of Tax Assessors of Bulloch County (the “Board of Assessors”), and CITY OF STATESBORO, GEORGIA, a municipal corporation created and existing under the laws of the State of Georgia (the “City”), are each executing an Acknowledgment hereof attached to this Agreement in order to acknowledge its agreement to the provisions hereof which are applicable to it.
Georgia Project Development Financial Assistance Memorandum of UnderstandingAspen Aerogels Inc • May 10th, 2022 • Wholesale-lumber & other construction materials
to SECOND AMENDED AND RESTATED Loan and security agreementLoan and Security Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials
This Fourth Amendment to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into this 28th day of April, 2022 by and between SILICON VALLEY BANK (“Bank”) and ASPEN AEROGELS, INC., a Delaware corporation (“Borrower”) whose address is 30 Forbes Road, Building B, Northborough, Massachusetts 01532.
INDUCEMENT AGREEMENTInducement Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Georgia
THIS INDUCEMENT AGREEMENT, dated as of the 17th day of February, 2022, is hereby entered into by and among the DEVELOPMENT AUTHORITY OF BULLOCH COUNTY, a public body corporate and politic created pursuant to the laws of the State of Georgia (the “Authority”), the CITY OF STATESBORO, GEORGIA, a municipal corporation created and existing under the laws of the State of Georgia (the “City”), BULLOCH COUNTY, GEORGIA, a county created and existing under the laws of the State of Georgia (the “County”) and ASPEN AEROGELS GEORGIA, LLC, a Georgia limited liability company (said corporation, together with its successors and assigns, hereinafter called the “Company”).
Exhibit D - Consulting AgreementD - Consulting Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Massachusetts
This Agreement (hereinafter "Agreement") is made and entered into as of April 2, 2022 ("Effective Date") by and between Aspen Aerogels, Inc., a Delaware corporation, its affiliates, successors or assigns (together the “Company”), and the undersigned, John F. Fairbanks ("Consultant"), with the principal place of residence at 35 Hummingbird Lane, Groton, MA 01450 in consideration of the compensation, now and hereafter paid to Consultant by Company under this Agreement. Company and Consultant have also entered into a Separation Agreement and General Release dated March 29, 2022 (“Separation Agreement”) to which this Agreement is attached as Exhibit D.
PERFORMANCE & ACCOUNTABILITY AGREEMENT Georgia Incentive ProgramsAccountability Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials
This Performance & Accountability Agreement (this "Agreement") made and entered into as of 2/18/2022 by and among the Development Authority of Bulloch County, a public body corporate and politic created pursuant to the laws of the State of Georgia (the “Development Authority”), the Georgia Department of Community Affairs, an agency within the executive branch of the State of Georgia (“DCA”) and the administering agency for the OneGeorgia Authority, an instrumentality of the state and a public corporation (“OneGeorgia”) (hereinafter referred to as the “Administering Agency”), and Aspen Aerogels Georgia, LLC (the “Company”).
to SECOND AMENDED AND RESTATED Loan and security agreementLoan and Security Agreement • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials
This Third Amendment to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into this 31st day of March, 2022 by and between SILICON VALLEY BANK (“Bank”) and ASPEN AEROGELS, INC., a Delaware corporation (“Borrower”) whose address is 30 Forbes Road, Building B, Northborough, Massachusetts 01532.
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement and General Release • May 10th, 2022 • Aspen Aerogels Inc • Wholesale-lumber & other construction materials • Massachusetts
This Separation Agreement and General Release (“Agreement”) is entered into by and between Aspen Aerogels, Inc., on behalf of itself and all of its predecessors, successors and affiliated entities (collectively, “Aspen”), and John F. Fairbanks, on behalf of himself, his executors, heirs, administrators, agents, attorneys, administrators, beneficiaries and assigns (collectively, “Executive”).
