Exhibit 10.26

 

[ * ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

 

ASSISTANCE AGREEMENT

 

	
1.  Award No.

 

DE-EE0002882
    	
2.  Modification No.

 

002
    	
3.  Effective Date

 

12/28/2009
    	
4.  CFDA No.

 

81.087
    
	
 
    	
 
    	
 
    	
 
    
	
5.  Awarded To

 

ENERKEM  CORPORATION

Attn:  Stephanie Isaacs

222   DELAWARE AVE, 9TH FLOOR

WILMINGTON   DE  198011621
    	
6.  Sponsoring Office

 

Golden   Field Office

U.S.   Department of Energy

Golden   Field Office

1617   Cole Blvd. Golden CO  80401
    	
7.  Period of Performance

 

12/28/2009   
   through

09/30/2010
    
	
 
    	
 
    	
 
    
	
8.  Type of Agreement

 

 ̈  Grant

x  Cooperative Agreement

 ̈  Other

 
    	
9.  Authority

 

109-58,   Energy Policy Act (2005)

111-5,   Recovery Act (2009)
    	
10.  Purchase Request or Funding Document No.

 

10EE004419
    
	
 
    	
 
    	
 
    
	
11.  Remittance Address

 

 

ENERKEM   CORPORATION

Attn:  DINO MILI

222   DELAWARE AVE, 9TH FLOOR

WILMINGTON   DE  198011621
    	
12.  Total Amount

 

Govt.   Share:  $50,000,000.00

 

Cost   Share  :  $[ * ]

 

Total     :     $[ * ]
    	
13.  Funds Obligated

 

This   action:  $0.00

 

Total            :  $50,000,000.00
    
	
 
    	
 
    	
 
    
	
14.  Principal Investigator

 

Stephanie   Isaacs

Phone:  514-875-0284 ext. 258
    	
15.  Program Manager

 

Glenn   M. Doyle

Phone:  303-275-4706
    	
16.  Administrator

 

Golden   Field Office

U.S.   Department of Energy

Golden   Field Office

1617   Cole Blvd.

Golden   CO  80401-3393
    
	
 
    	
 
    	
 
    
	
17.  Submit Payment Requests To

 

OR   for Golden

U.S.   Department of Energy

Oak   Ridge Financial Service Center

P.O.   Box 4517

Oak   Ridge TN  37831

 
    	
18.  Paying Office

 

OR   for Golden

U.S.   Department of Energy

Oak   Ridge Financial Service Center

P.O.   Box 4517

Oak   Ridge TN 37831
    	
19.  Submit Reports To

 
    
	
 
    
	
20.  Accounting and Appropriation Data

 

See   Schedule
    
	
 
    
	
21.  Research Title and/or Description of   Project

 

RECOVERY   ACT  -    HETEROGENEOUS FEED BIOREFINERY PROJECT
    
	
 
    
	
For the Recipient
    	
 
    	
For the United States of America
    
	
 
    	
 
    
	
22.  Signature of Person Authorized to Sign
    	
25.  Signature of Grants/Agreements Officer

 

Signature   on File
    
	
 
    	
 
    
	
23.  Name and Title
    	
24.  Date Signed
    	
26.  Name of Officer

 

Molly   Hames
    	
27.  Date Signed

 

06/01/2010
    
														


 











 

	
CONTINUATION SHEET
    	
REFERENCE   NO. OF DOCUMENT BEING CONTINUED
    	
 
    
	
 
    	
DE-EE0002882/002
    	
 
    


 

NAME OF OFFEROR OR CONTRACTOR

ENERKEM CORPORATION

 

	
ITEM NO
   (A)
    	
 
    	
SUPPLIES/SERVICE
   (B)
    	
 
    	
QUANTITY
   (C)
    	
 
    	
UNIT
   (D)
    	
 
    	
UNIT PRICE
   (E)
    	
 
    	
AMOUNT
   (F)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
DUNS   Number:   830987520

The   purposes of this modification are to:

 

1)   Reclassify Enerkem Corporation from a Large Corporation to a Small Business;

 

2)   Delete and replace the Intellectual Property Provisions, CDSB-1003   (Attachment #1); and

 

3)   Update the DOE Project Officer, as shown below and in Block 15 of the   Assistance Agreement.

 

All   other terms and conditions remain unchanged.

 

In   Block 7 of the Assistance Agreement, the Period of Performance reflects the   beginning of the Project Period through the end of the current Budget Period,   shown as 12/28/2009 through 09/30/2010.    For multiple Budget Periods, see Special Terms and Conditions,   Provision 4, “Award Project Period and Budget Periods.”

 

“Electronic   signature or signatures as used in this document means a method of signing an   electronic message that—

(A)   Identifies and authenticates a particular person as the source of the   electronic message;

(B)   Indicates such person’s approval of the information contained in the   electronic message; and,

(C)   Submission via FedConnect constitutes electronically signed documents.”

 

DOE   Award Administrator: Brenda Dias

E-mail:   brenda.dias@go.doe.gov

Phone:   303-275-6043

 

DOE   Project Officer: Glenn Doyle

E-mail:   glenn.doyle@go.doe.gov

Phone:   303-275-4706

 

Recipient   Business Officer: Jocelyn Auger

E-mail:   jauger@enerkem.com

Phone:   514-875-0284 ext. 262

 

Recipient   Principal Investigator: Stephanie Isaacs

E-mail:   sisaacs@enerkem.com

Phone:   514-875-0284 ext. 258
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    


 




[ * ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

 

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NAME OF OFFEROR OR CONTRACTOR

ENERKEM CORPORATION

 

	
ITEM NO
   (A)
    	
 
    	
SUPPLIES/SERVICE
   (B)
    	
 
    	
QUANTITY
   (C)
    	
 
    	
UNIT
   (D)
    	
 
    	
UNIT PRICE
   (E)
    	
 
    	
AMOUNT
   (F)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
ASAP:   NO Extent Competed: COMPETED Davis-Bacon

Act:   YES

 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
July 2004
    


 




[ * ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

 

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