AMENDMENT NO. 3 Dated April 12, 2011
Exhibit 4.14
AMENDMENT NO. 3
Dated April 12, 2011
THIS AMENDMENT NO. 3 (“Amendment 3”) to that certain Loan and Security Agreement No. 1452
dated as of January 27, 2010, as amended (“Agreement”), by and between Lighthouse Capital
Partners VI, L.P., as “Agent” for the lenders identified on Schedule A to the
Agreement (such lenders, together with their respective successors and assigns are referred to
herein each individually as a “Lender” and collectively as “Lenders”), the Lenders and Kior,
Inc. (“Borrower”).
RECITALS
WHEREAS, Borrower and Lenders have previously entered into that certain Loan and Security
Agreement No. 1452 dated January 27, 2010, as amended, (the “Agreement”) (all capitalized terms not
otherwise defined herein are defined in the Agreement);
WHEREAS, Borrower has requested that Lenders modify certain terms of its existing term loan
financing; and
WHEREAS, Lenders have agreed to do so under the Agreement, subject to all of the terms and
conditions hereof and of the Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained,
the parties
hereby agree to modify the Agreement and to perform such other covenants and conditions as follows:
Section 6 of the Agreement. Section 6.12 of the Agreement shall be deleted and replaced with the
following:
6.12 Issuance of New Warrants. On or before May 15, 2011, Borrower shall issue to each Lender a New
Warrant for the purchase of the Borrower’s Series C Preferred Stock in a total aggregate price to
all Lenders of $250,000, which series of preferred stock is to be authorized, designated, issued
and sold for purposes of an equity financing of Borrower after the date hereof in the amount of at
least $35,000,000 (the “Series C Offering”). In the event that the Series C Offering is not
completed by such date, then in such event, Borrower shall issue to each Lender a New Warrant for
the purchase of Borrower’s existing Series B Preferred Stock in a total aggregate price to all
Lenders of $250,000 with an exercise price of $9.804, and Borrower shall take all steps necessary
to authorize additional shares of Series B Preferred Stock (with identical terms, rights and
privileges as the authorized and issued Series B Preferred Stock) for issuance under the New
Warrant, including the amendment of Borrower’s Amended and Restated Certificate of Incorporation of
Kior, Inc. Borrower’s failure to issue and deliver the New Warrants to Lenders by May 15, 2011
shall be an Event of Default.
Except as amended hereby, the Agreement remains unmodified and unchanged.
| BORROWER: | ||||||||
| Kior, Inc. | ||||||||
By:
|
/s/ Xxxx Xxxxxx | |||||||
Name:
|
Xxxx Xxxxxx | |||||||
Title:
|
President & CEO | |||||||
KIOR,
Inc.\Amendment #2 to LSA FINAL
| AGENT: | ||||||||
| Lighthouse Capital Partners VI, L.P. | ||||||||
By:
|
Lighthouse Management Partners VI, L.L.C., | |||||||
| its general partner | ||||||||
By:
|
/s/ Xxxx Xxxxxx | |||||||
Name:
|
Xxxx Xxxxxx | |||||||
Title:
|
Managing Director | |||||||
| LENDERS: | ||||||||
| Leader Lending, LLC — Series A | Leader Lending, LLC — Series B | |||||||
By:
|
/s/ Xxxxxx X. Xxxxx | By: | /s/ Xxxxxx X. Xxxxx | |||||
Name:
|
Xxxxxx X. Xxxxx | Name: | Xxxxxx X. Xxxxx | |||||
Title:
|
Title: | Managing Director | ||||||
| Lighthouse Capital Partners VI, L.P. | ||||||||
By:
|
Lighthouse Management Partners VI, L.L.C., | |||||||
| its general partner | ||||||||
By: Name: |
/s/ Xxxx Xxxxxx
|
|||||||
Title:
|
Managing Director | |||||||
KIOR,
Inc.\Amendment #2 to LSA FINAL
