SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 29th, 2022 • Amyris, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 29, 2022, between Amyris, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT AMYRIS, INC.Security Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, LMAP KAPPA LIMITED or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the two (2) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to nine hundred sixty thousand two hundred and twenty five (960,225) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AMYRIS, INC. 19,047,619 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • April 12th, 2021 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 7,656,822 shares of common stock, par value $0.0001 per share (“Common Stock”), of the Company, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of 11,390,797 shares of Common Stock of the Company (collectively, the “Underwritten Shares”). In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional 1,148,523 shares of Common Stock of the Company, and the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional 1,708,619 shares of Common of the Company (collectively, the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the
Shares AMYRIS, INC. COMMON STOCK, PAR VALUE $0.0001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • August 17th, 2010 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) [ ] shares of its Common Stock, par value $0.0001 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional [ ] shares of its Common Stock, par value $0.0001 per share (the “Additional Shares”) if and to the extent that Morgan Stanley & Co. Incorporated and Goldman, Sachs & Co., as managers of the offering (collectively, the “Representatives”), shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $[0.0001] per share of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafte
COMMON STOCK PURCHASE WARRANT AMYRIS, INC.Common Stock Purchase Warrant • December 29th, 2022 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on December 30, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE WARRANTSecurities Agreement • November 12th, 2019 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, FORIS VENTURES, LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the two (2) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to ONE MILLION FOUR HUNDRED THIRTY EIGHT THOUSAND EIGHT HUNDRED TWENTY NINE (1,438,829) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AMYRIS, INC. Common Stock (par value $0.0001 per share) At Market Issuance Sales AgreementAt Market Issuance Sales Agreement • March 9th, 2016 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co. (“FBR”) and MLV & Co. LLC (“MLV”, each of FBR and MLV individually a “Distribution Agent” and collectively the “Distribution Agents”) as follows:
COMMON STOCK PURCHASE WARRANT AMYRIS, INC.Security Agreement • November 13th, 2019 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, FORIS VENTURES, LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the two (2) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to TWO MILLION (2,000,000) shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE WARRANT AMYRIS, INC.Common Stock Purchase Warrant • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, John E. Abdo, As Trustee Under Trust Agreement Dated March 15, 1976 For The Benefit Of John E. Abdo or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date that Stockholder Approval (as defined in the Purchase Agreement) is obtained and deemed effective (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to 13,570,958 shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
INDEMNITY AGREEMENTIndemnity Agreement • June 23rd, 2010 • Amyris, Inc. • Industrial organic chemicals • Delaware
This Indemnity Agreement, dated as of , 2010 is made by and between Amyris Biotechnologies, Inc., a Delaware corporation (the “Company”), and , a director, officer or key employee of the Company or one of the Company’s subsidiaries or other service provider who satisfies the definition of Indemnifiable Person set forth below (“Indemnitee”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 3rd, 2017 • Amyris, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 2, 2017, between Amyris, Inc., a Delaware corporation (the “Company”), and DSM International B.V. (the “Purchaser”).
ContractSecurity Agreement • December 29th, 2022 • Amyris, Inc. • Industrial organic chemicals
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT WITH A REGISTERED BROKER-DEALER OR OTHER LOAN WITH A FINANCIAL INSTITUTION THAT IS AN “ACCREDITED INVESTOR” AS DEFINED IN RULE 501(a) UNDER THE SECURITIES ACT OR OTHER LOAN SECURED BY SUCH SECURITIES.
Underwriting AgreementUnderwriting Agreement • August 24th, 2018 • Amyris, Inc. • Industrial organic chemicals • New York
AMYRIS, INC. And ___________________, as Trustee INDENTURE Dated as of ___________, _______Indenture • April 2nd, 2015 • Amyris, Inc. • Industrial organic chemicals • New York
INDENTURE, dated as of , , by and between Amyris, Inc., a Delaware corporation, as Issuer (the “Company”) and , a organized under the laws of , as Trustee (the “Trustee”).
ContractWarrant Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (“the 1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
STRICTLY CONFIDENTIAL Ms. Kathleen Valiasek Chief Financial Officer Amyris, Inc.Exclusive Agency Agreement • May 8th, 2017 • Amyris, Inc. • Industrial organic chemicals • New York
COMMON STOCK PURCHASE AGREEMENT Dated as of February 24, 2015 by and between AMYRIS, INC. and NOMIS BAY LTD.Common Stock Purchase Agreement • February 26th, 2015 • Amyris, Inc. • Industrial organic chemicals • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 24, 2015, is by and between Amyris, Inc., a Delaware corporation (the “Company”), and Nomis Bay Ltd., an exempted company organized and existing under the laws of Bermuda (the “Investor”).
AMYRIS BIOTECHNOLOGIES, INC. STOCK OPTION AGREEMENTStock Option Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
ContractWarrant Agreement • August 12th, 2015 • Amyris, Inc. • Industrial organic chemicals • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT’), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID SECURITIES ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
AMYRIS BIOTECHNOLOGIES, INC. STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
All capitalized terms in this Agreement shall have the meaning assigned to them in this Agreement or in the attached Appendix.
CONFIDENTIAL CONSULTING AGREEMENTConfidential Consulting Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
This Confidential Consulting Agreement (the “Agreement”) is executed as of the date shown on the signature page (the “Effective Date”), by and between FLG Partners, LLC, a California limited liability company (“FLG”), and the entity identified on the signature page (“Client”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 3rd, 2023 • Amyris, Inc. • Industrial organic chemicals • New York
This LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, supplemented and/or otherwise modified from time to time, this “Agreement”) is made as of July 31, 2023 (the “Closing Date”) and is entered into by and among AMYRIS, INC., a Delaware corporation (the “Parent” or the “Borrower”), Amyris Clean Beauty, Inc., a Delaware corporation, Amyris Fuels, LLC, a Delaware limited liability company, AB Technologies LLC, a Delaware limited liability company, and any other Subsidiary of Parent that has delivered a Joinder Agreement (as defined herein) (each a “Guarantor” and collectively, the “Guarantors” and together with Parent, collectively, the “Obligors” and each an “Obligor”), and Muirisc, LLC, a Delaware limited liability company, in its capacity as lender (the “Lender”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 26th, 2015 • Amyris, Inc. • Industrial organic chemicals • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 24, 2015, is by and between Amyris, Inc., a Delaware corporation (the “Company”), and Nomis Bay Ltd., an exempted company organized and existing under the laws of Bermuda (the “Investor”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 7th, 2018 • Amyris, Inc. • Industrial organic chemicals • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of December 6, 2018, is by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 2nd, 2014 • Amyris, Inc. • Industrial organic chemicals • Delaware
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of December 24, 2012, by and between Amyris, Inc., a Delaware corporation (the “Company”), and the individuals or entities listed on Schedule I hereto (each, a “Purchaser,” and collectively, the “Purchasers”).
WARRANT EXERCISE AGREEMENTWarrant Exercise Agreement • August 20th, 2018 • Amyris, Inc. • Industrial organic chemicals • New York
This Warrant Exercise Agreement (this “Agreement”) is dated as of August 17, 2018 (the “Effective Date”), among Amyris, Inc., a Delaware corporation (the “Company”) and the undersigned investor (the “Holder”).
ATEL VENTURES, INC. MASTER LOAN AND SECURITY AGREEMENT NO. AMYRX Dated as of JUNE 1, 2010Master Loan and Security Agreement • August 17th, 2010 • Amyris, Inc. • Industrial organic chemicals • California
NO INTEREST IN THE LOAN PAYMENT DUE OR THE RIGHTS OF THE LENDER UNDER ANY LOAN CAN BE TRANSFERRED BY THE DELIVERY OF POSSESSION OF ANY COUNTERPART OF THIS MASTER LOAN AND SECURITY AGREEMENT. SUCH AN INTEREST CAN BE TRANSFERRED ONLY BY DELIVERY OF POSSESSION OF THE ORIGINAL SIGNED COUNTERPART OF A LOAN SCHEDULE EXECUTED PURSUANT HERETO.
CREDIT AGREEMENTCredit Agreement • November 12th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
This CREDIT AGREEMENT, dated as of July 10, 2019 (as amended, modified or supplemented from time to time, this “Agreement”), is entered into by and between AMYRIS, INC., a Delaware corporation (the “Company”), and FORIS VENTURES, LLC, a Delaware limited liability company (the “Lender”).
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 8th, 2017 • Amyris, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May __, 2017, between Amyris, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • June 5th, 2023 • Amyris, Inc. • Industrial organic chemicals • California
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”) is made as of June 5, 2023 by and among AMYRIS, INC., a Delaware corporation (the “Parent or the “Borrower”), Amyris Clean Beauty, Inc., a Delaware corporation (“Amyris Clean Beauty”) , Amyris Fuels, LLC, a Delaware limited liability company (“Amyris Fuels”), AB Technologies LLC, a Delaware limited liability company (“AB Technologies”, together with Parent, Amyris Clean Beauty and Amyris Fuels, collectively, the “Obligors” and each an “Obligor”), and Foris Ventures, LLC, in its capacity as lender (the “Lender”).
EXCHANGE AGREEMENTExchange Agreement • November 9th, 2015 • Amyris, Inc. • Industrial organic chemicals • Delaware
This EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of July 26, 2015, by and between Amyris, Inc., a Delaware corporation (the “Company”), and the individuals or entities listed on Schedule I hereto (each, an “Investor,” and collectively, the “Investors”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 3rd, 2017 • Amyris, Inc. • Industrial organic chemicals • New York
This STOCKHOLDER AGREEMENT is made as of August [●], 2017, by and among Amyris, Inc., a Delaware corporation (“Amyris” or the “Company”), and each of Vivo Capital Fund VIII, L.P., a Delaware limited partnership, and Vivo Surplus Funds VIII, L.P., a Delaware limited partnership (hereinafter collectively referred to as “Vivo”).
CONFIDENTIAL TREATMENT REQUESTED. CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND, WHERE APPLICABLE, HAVE BEEN MARKED WITH AN ASTERISK TO DENOTE WHERE OMISSIONS HAVE BEEN MADE. THE CONFIDENTIAL...Technology License, Development, Research and Collaboration Agreement • September 20th, 2010 • Amyris, Inc. • Industrial organic chemicals • New York
THIS TECHNOLOGY LICENSE, DEVELOPMENT, RESEARCH AND COLLABORATION AGREEMENT (this “Agreement”) is made and entered into as of June 21, 2010 (the “Effective Date”) by and between AMYRIS, INC., a Delaware corporation having an office at 5885 Hollis Street, Emeryville, California 94608, United States of America (“AMYRIS”), and TOTAL GAS & POWER USA BIOTECH, INC., a corporation organized under the laws of Delaware having offices at 1201 Louisiana, Suite 1600, Houston, Texas 77002, United States of America (“TOTAL”). AMYRIS and TOTAL may each be referred to herein individually as a “Party,” and collectively as the “Parties.”
VOTING AGREEMENTVoting Agreement • November 9th, 2015 • Amyris, Inc. • Industrial organic chemicals • Delaware
This VOTING AGREEMENT (this “Agreement”) is entered into as of July 29, 2015, by and between the stockholder listed on the signature page hereto (the “Stockholder”), and Amyris, Inc., a Delaware corporation (the “Company”). Capitalized terms used herein but not otherwise defined shall have the meaning given to them in the Purchase Agreement (as defined below).
CONFIDENTIAL TREATMENT REQUESTED. CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND, WHERE APPLICABLE, HAVE BEEN MARKED WITH AN ASTERISK TO DENOTE WHERE OMISSIONS HAVE BEEN MADE. THE CONFIDENTIAL...Stockholder Agreement • November 20th, 2017 • Amyris, Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED STOCKHOLDER AGREEMENT is made as of August 7, 2017, by and between Amyris, Inc., a Delaware corporation (“Amyris” or the “Company”), and DSM International B.V., a Dutch limited liability company (hereinafter referred to as “DSM”).
