SECURITY AGREEMENTSecurity Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
THIS SECURITY AGREEMENT (this “Agreement”), dated as of October 16, 2012, is made between Marrone Bio Innovations, Inc., a Delaware corporation (“Debtor”) and Gordon Snyder, an individual (“Snyder”), as collateral agent for the lenders party to the Loan Agreement referred to below (in such capacity, “Secured Party”).
NOTE PURCHASE AGREEMENT between MARRONE BIO INNOVATIONS, INC. and SYNGENTA VENTURES PTE. LTD. Dated as of December 6, 2012Note Purchase Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
THIS NOTE PURCHASE AGREEMENT (the “Agreement”) is made as of the 6th day of December, 2012, by and between Marrone Bio Innovations, Inc., a Delaware corporation (the “Company”), and Syngenta Ventures Pte. Ltd., a company incorporated under the laws of the Republic of Singapore (the “Purchaser”).
CONVERTIBLE NOTE PURCHASE AGREEMENTConvertible Note Purchase Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
THIS CONVERTIBLE NOTE PURCHASE AGREEMENT (the “Agreement”) is made as of the 30th day of May, 2013, by and between Marrone Bio Innovations, Inc., a Delaware corporation (the “Company”), and DSM Venturing BV, a company incorporated under the laws of the Netherlands (the “Investor”).
LOAN AGREEMENTLoan Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
THIS LOAN AGREEMENT (this “Agreement”), dated as of October 2, 2012, is made by and among Marrone Bio Innovations, Inc., a Delaware corporation (the “Company”), each of the Lenders named on the signature pages of this Agreement (each a “Lender” and, collectively, the “Lenders”), and Gordon Snyder, an individual (“Snyder”), as administrative agent and collateral agent for the Lenders (in such capacity, the “Agent”).
COMMERCIAL AGREEMENTCommercial Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals
SYT has a broad crop protection product portfolio and a highly developed distribution network all over Europe, Africa and the Middle East;
COMMERCIAL AGREEMENTCommercial Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • Delaware
FMC and its Latin America Affiliates (collectively, the “FMC Group”) have a broad crop protection product portfolio and a highly developed distribution network in certain LATAM Countries;
INTERCREDITOR AGREEMENT dated as of December 6, 2012, among MARRONE BIO INNOVATIONS, INC., as the Borrower, GORDON SNYDER, as Warrant Lender Agent, GORDON SNYDER, as Convertible Note Lender Agent, and SYNGENTA VENTURES PTE. LTD., as NoteholderIntercreditor Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • New York
INTERCREDITOR AGREEMENT dated as of December 6, 2012 (this “Agreement”), among MARRONE BIO INNOVATIONS, INC., a Delaware corporation (the “Borrower”), GORDON SNYDER, as administrative agent and collateral agent for the Warrant Lender Secured Parties (as defined below) (in such capacity, the “Warrant Lender Agent”), GORDON SNYDER, as administrative agent and collateral agent for the Convertible Note Lender Secured Parties (as defined below) (in such capacity, the “Convertible Note Lender Agent”), and SYNGENTA VENTURES PTE. LTD. (the “Noteholder”).
TECHNOLOGY EVALUATION AND MASTER DEVELOPMENT AGREEMENTTechnology Evaluation And • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • Delaware
This Technology Evaluation and Master Development Agreement (the “Agreement”) is made as of the 13th day of September, 2011 (the “Effective Date”) by and between The Scotts Company LLC, an Ohio limited liability company, having its principal place of business at 14111 Scottslawn Road, Marysville, Ohio 43041, U.S.A. (“Scotts”), and Marrone Bio Innovations, Inc., a Delaware corporation, having its principal place of business at 2121 Second Street, Suite 107B, Davis, California 95618, U.S.A. (“MBI”). Each of Scotts and MBI is sometimes individually referred to as a “Party” and collectively referred to as the “Parties”.
LICENSE AGREEMENTLicense Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • New York
THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into effective as of December 28, 2009 (the “Effective Date”), by and between THE UNIVERSITY OF THE STATE OF NEW YORK (“USNY”), a New York corporation maintaining offices at State Education Building – Room 121, Albany, New York 12234-1000, and MARRONE BIO INNOVATIONS, INC. (“MBI”), a Delaware corporation maintaining offices at 2121 Second Street, Ste. B-107, Davis, California 95618.
MARRONE ORGANIC INNOVATIONS, INC. SERIES B PREFERRED STOCK PURCHASE WARRANTMarrone Bio Innovations Inc • July 1st, 2013 • Agricultural chemicals • California
THIS CERTIFIES THAT, for value received, and subject to the provisions and upon the terms and conditions hereinafter set forth below, Five Star Bank (the “Holder”) is entitled to subscribe for and purchase 20,390 shares of the fully paid and nonassessable shares of Series B Preferred Stock (the “Stock”) of Marrone Organic Innvovations, Inc., a Delaware corporation (the “Company”) (as may be adjusted pursuant to Section 3 hereof). The capitalized terms used in this Warrant shall, to the extent not defined where first used, have the meanings given to them in Section 21 of this Warrant.
CREDIT FACILITY AGREEMENTCredit Facility Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
THIS CREDIT FACILITY AGREEMENT (the “Agreement”) is made as of the 14th day of June, 2013, by and between Marrone Bio Innovations, Inc., a Delaware corporation (the “Company”), and the Investors listed on the Schedule of Investors attached hereto as Exhibit A (the “Investors”).
AMENDMENT AND CONSENTAnd • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
This Amendment and Consent (the “Amendment and Consent”) is made and entered into as of August 30, 2012, by and among MARRONE BIO INNOVATIONS, Inc., a Delaware corporation (the “Company”), and the entities executing the signature page(s) hereto (the “Investors”).
LICENSE AGREEMENTLicense Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
THIS LICENSE AGREEMENT (this “Agreement”) is made as of May 22, 2007 (the “Effective Date”), between KHH BIOSCI, INC., a North Carolina corporation, having its principal office at 634 Lake Hogan Lane, North Carolina 27516 United States of America (“KHH”) and MARRONE ORGANIC INNOVATIONS, INC., a Delaware corporation, having its principal office at 215 Madson Place, Suite B, Davis, California 95618, United States of America (“MOI”).
MARRONE BIO INNOVATIONS, INC. CONVERTIBLE NOTE PURCHASE AGREEMENTForegoing Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • California
This Convertible Note Purchase Agreement (the “Agreement”) is made this 15th day of March, 2012, by and among Marrone Bio Innovations, Inc., a Delaware corporation (the “Company”), and the Investors listed on the Schedule of Investors attached hereto as Exhibit A (the “Investors”).
MARRONE BIO INNOVATIONS, INC. SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • Delaware
THIS SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of March 5, 2010, by and among MARRONE BIO INNOVATIONS, INC., a Delaware corporation (the “Company”), the persons and entities holding shares of the Company’s Series A Preferred Stock (“Series A Stock”) listed on Exhibit A hereto (the “Series A Investors”), the persons and entities holding shares of the Company’s Series B Preferred Stock (“Series B Stock”) listed on Exhibit B hereto (the “Series B Investors”), the persons and entities holding shares of the Company’s Series C Preferred Stock (“Series C Stock”) listed on Exhibit C hereto (the “Series C Investors” and collectively with the Series A Investors and the Series B Investors, the “Investors”) and each of Pamela G. Marrone, Julie I. Morris, Richard C. Dorf and Richard E. Rominger (the “Founders”).
SIXTH AMENDMENT TO LEASELease • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals
This SIXTH AMENDMENT TO LEASE (“Sixth Amendment”) is made effective as of December 21, 2012, by and between 2121 SECOND STREET INVESTORS, LLC (the “Landlord”) and MARRONE BIO INNOVATIONS, INC. (the “Tenant”).
THIRD AMENDMENT TO LEASELease • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals
This THIRD AMENDMENT TO LEASE is made this, 20th day of September 2010, by and between 2121 SECOND STREET INVESTORS, LLC (as “Landlord”) and MARRONE BIO INNOVATIONS, INC., a Delaware Corporation (as “Tenant”) having an office at 2121 Second Street, Suite B-107, Davis, California.
LICENSE AGREEMENTLicense Agreement • July 1st, 2013 • Marrone Bio Innovations Inc • Agricultural chemicals • District of Columbia
This Agreement is entered into between the U.S. Government, as represented by the U.S. Department of Agriculture, Agricultural Research Service (hereinafter referred to as “USDA”) and Marrone Organic Innovations, Inc., a Delaware corporation having offices at 215 Madison Place, Suites B/C, Davis, California (hereinafter referred to as “MOI”).
