WAIVER AGREEMENTWaiver Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
Contract Type FiledAugust 10th, 2020 Company IndustryThis Waiver Agreement (this “Third Waiver Agreement”) is made as of May 6, 2020 by and between Amyris, Inc., a Delaware corporation (the “Company”), and Ginkgo Bioworks, Inc., a Delaware corporation (“Ginkgo”), pursuant to the terms of (i) that certain Promissory Note, dated October 20, 2017 (as amended, the “Note”), issued by the Company to Ginkgo, (ii) that certain Partnership Agreement, dated October 20, 2017 (the “Partnership Agreement”), by and between the Company and Ginkgo, (iii) that certain Waiver Agreement and Amendment to Promissory Note Issued October 20, 2017, dated September 29, 2019 (the “First Waiver Agreement”), by and between the Company and Ginkgo, and (iv) that certain Waiver Agreement and Amendment, dated March 11, 2020 (the “Second Waiver Agreement”), by and between the Company and Ginkgo. Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Note or the Partnership Agreement, as applicable.
WAIVER AGREEMENTWaiver Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
Contract Type FiledAugust 10th, 2020 Company IndustryThis Waiver Agreement (this “Third Waiver Agreement”) is made as of May 6, 2020 by and between Amyris, Inc., a Delaware corporation (the “Company”), and Ginkgo Bioworks, Inc., a Delaware corporation (“Ginkgo”), pursuant to the terms of (i) that certain Promissory Note, dated October 20, 2017 (as amended, the “Note”), issued by the Company to Ginkgo, (ii) that certain Partnership Agreement, dated October 20, 2017 (the “Partnership Agreement”), by and between the Company and Ginkgo, (iii) that certain Waiver Agreement and Amendment to Promissory Note Issued October 20, 2017, dated September 29, 2019 (the “First Waiver Agreement”), by and between the Company and Ginkgo, and (iv) that certain Waiver Agreement and Amendment, dated March 11, 2020 (the “Second Waiver Agreement”), by and between the Company and Ginkgo. Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Note or the Partnership Agreement, as applicable.