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).
STOCKHOLDER AGREEMENTStockholder Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals • New York
This STOCKHOLDER AGREEMENT is made as of May 11, 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”).
Voting AgreementVoting Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals • Delaware
This Voting Agreement (this “Agreement”) is entered into as of May 5, 2017, 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 Agreements (as defined below).
Voting AgreementVoting Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals • Delaware
This Voting Agreement (this “Agreement”) is entered into as of May 4, 2017, by and between the stockholders listed on the signature page hereto (each, a “Stockholder” and collectively, the “Stockholders”), 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 Agreements (as defined below).
FIRST AMENDMENT TO UNSECURED PROMISSORY NOTEUnsecured Promissory Note • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals • California
This First Amendment to Unsecured Promissory Note (this “Amendment”) is made and entered into as of May 15, 2017, by and between Amyris, Inc., a Delaware corporation (the “Company”) and Bolding Investment S.A. (the “Investor”).
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 Investment Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
All provisions, terms, and conditions set forth in this Agreement are applicable and in full force and effect except as specified otherwise herein.
STRICTLY CONFIDENTIAL Ms. Kathleen Valiasek Chief Financial Officer Amyris, Inc.Letter Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
SIDE LETTERSide Letter • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
Reference is made to that certain (i) Maturity Treatment Agreement, dated as of July 29, 2015 (the “Agreement”), by and among Amyris, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule I thereto, including Total Raffinage Chimie S.A., as assignee of Total Energies Nouvelles Activités USA SAS (“Total”) and (ii) that certain 6.50% Convertible Senior Note due 2019, in the principal amount of $9,705,000 (No. A-2) (the “Note”), sold and issued by the Company to Total pursuant to that certain Indenture between the Company and Wells Fargo Bank, National Association, dated May 29, 2014 (the “Indenture”).
SECURED PROMISSORY NOTESecured Promissory Note • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals • California
THIS NOTE, AND THE COMPANY'S AND HOLDER’S RIGHTS AND OBLIGATIONS HEREUNDER, IS SUBJECT TO A SUBORDINATION AGREEMENT BETWEEN THE ORIGINAL HOLDER HEREOF, THE COMPANY, THE CREDITORS PARTY THERETO AND STEGODON CORPORATION, AS AGENT, DATED AS OF THE ISSUE DATE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS NOTE AND THE SUBORDINATION AGREEMENT, THE TERMS OF THE SUBORDINATION AGREEMENT WILL CONTROL.
AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
This Amendment No. 1 to Securities Purchase Agreement (this “Amendment”) is made as of May 30, 2017 by and among Amyris, Inc., a Delaware corporation (the “Company”), and the “Purchasers” set forth on the signature pages hereto (the “Amending Purchasers”) that are parties to that certain Securities Purchase Agreement, dated as of May 8, 2017 (the “Purchase Agreement”), by and among the Company and the purchasers party thereto. Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Purchase Agreement.
SIDE LETTERSide Letter • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
Reference is made to that certain (i) Maturity Treatment Agreement, dated as of July 29, 2015 (the “Agreement”), by and among Amyris, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule I thereto, including Maxwell (Mauritius) Pte Ltd (“Temasek”) and (ii) that certain 6.50% Convertible Senior Note due 2019, in the principal amount of $10,000,000 (No. A-1) (the “Note”), sold and issued by the Company to Temasek pursuant to that certain Indenture between the Company and Wells Fargo Bank, National Association, dated May 29, 2014 (the “Indenture”).
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...Termination of Cooperation Agreement • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
SECOND AMENDMENT TO 1.5% SENIOR CONVERTIBLE NOTE (RS-10)1.5% Senior Convertible Note • August 14th, 2017 • Amyris, Inc. • Industrial organic chemicals
This Second Amendment to 1.5% Senior Convertible Note (RS-10) (this “Amendment”) is made and entered into as of May 12th, 2017, by and between Amyris, Inc., a Delaware corporation (the “Company”) and Total Raffinage Chimie S.A., as assignee of Total Energies Nouvelles Activités USA SAS (the “Investor”).
