David L. Day, Director, Office of Technology Licensing University of Florida Bldg 981 Museum Road Box 115500 Gainesville, Florida 32611 Dear Mr. Day:
Exhibit 10.26
December 15, 2004
Xxxxx X. Xxx, Director,
Office of Technology Licensing
University of Florida
Bldg 000 Xxxxxx Xxxx
Box 115500
Gainesville, Florida 32611
Dear Mr. Xxx:
BC International (BCI) requests that BCI and the University of Florida Research Foundation (UFRFI) enter into an agreement whereby certain terms of the Amended and Restated License Agreement dated as of October, 1995 are revised as follows:
1. | Paragraph 3.2 (d) requires payment by BCI to UFRFI if certain time requirements are not met regarding the commencement of construction of a facility. [***] due to UFRFI under this requirement. Paragraph 3.2 (d) would be revised to align the timing of this requirement with BCI’s current timetable. The $[***] would not be [***] due. If BCI does not close on corporate financing providing gross proceeds of at least $[***] by [***], the payment will become due immediately, and will be increased to $[***]. Furthermore, if BCI meets this first milestone but has not closed on a second corporate investment providing gross proceeds of at least $[***] by [***], the payment will become due immediately, and will be increased to $[***]. If both milestones are met, no payment will be due and payment of this amount will be waived. |
2. | Paragraph 3.2 (e) requires payment by BCI to UFRFI annually if it is not producing ethanol within a certain timeframe. Currently, $[***] will be due on [***] under this requirement. Paragraph 3.2 (e) would be revised to align the timing of this requirement with BCI’s current timetable. If BCI does not close on corporate financing providing gross proceeds of at least $[***] by [***], the payment will become due immediately, and will be increased to $[***]. If BCI meets this first milestone but has not closed on a second corporate investment providing gross proceeds of at least $[***] by [***], the payment will become due immediately, and will be increased to $[***]. If BCI has not completed a project by [***], the [***] payments under Paragraph 3.2(e) will become due, each increased to $[***] for a total of $[***]. |
*** | CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FILED SEPARATELY WITH THE COMMISSION |
By signing below you agree to the terms of this offer and agree to enter into good faith efforts to develop and sign an amendment to the License Agreement to implement the foregoing.
Sincerely, |
/s/ Xxxxxx X. Xxxxxxx |
Xxxxxx X. Xxxxxxx, |
President and Chief Executive Officer |
Agreed to: | ||
UNIVERSITY OF FLORIDA RESEARCH FOUNDATION | ||
By: |
/s/ Xxxxx X. Xxx | |
Name: |
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Title: |
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