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).
COMMON STOCK PURCHASE WARRANT AMYRIS, INC.Securities Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, Silverback Opportunistic Credit Master Fund 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 four hundred thirty one thousand three hundred and seventy eight (431,378) 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).
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”).
CREDIT AGREEMENTCredit Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
This CREDIT AGREEMENT, dated as of April 8, 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”).
Exchange AgreementExchange Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, Inc., a Delaware corporation (the “Company”), is offering the opportunity for the undersigned existing beneficial owner (the “Investor”) of the Company’s 6.50% Convertible Senior Notes due 2019 (the “6.50% Notes”) to exchange certain of the Investor’s 6.50% Notes (the “Exchange Offer”) for shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) and a warrant, in the form attached hereto as Exhibit A (the “Warrant”), to purchase shares of Common Stock (the “Warrant Shares” and, together with the Shares and the Warrant, the “New Securities”) pursuant and subject to the terms and conditions set forth in this Exchange Agreement.
AMRYIS, INC. WARRANT AMENDMENT AGREEMENTWarrant Amendment Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
This Warrant Amendment Agreement (this “Amendment”) is made as of April 26, 2019 by and between Amyris, Inc., a Delaware corporation (the “Company”), and Foris Ventures, LLC (the “Holder”).
ContractSecurity Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • New York
THIS SECURITY AND THE SHARES ISSUABLE UPON CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF, THE ACQUIRER:
Security pUrchase AGREEMENTSecurity Purchase Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
This Security Purchase Agreement (this “Agreement”) is made as of April 15, 2019 (the “Effective Date”) by and between Amyris, Inc., a Delaware corporation (the “Company”), and Foris Ventures, LLC (“Purchaser”).
AMENDMENT NO. 2 TO SUPPLY AGREEMENTSupply Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals
This Amendment No. 2 to the Supply Agreement (this “Amendment”) is entered into as of April 16, 2019, between DSM Nutritional Products AG, Wurmisweg 576, 4303 Kaiseraugst, Switzerland, (hereinafter "DSM”) and Amyris, Inc., 5885 Hollis Street, Emeryville, CA 94608, USA (hereinafter “Amyris”) (each of DSM and Amyris hereinafter referred to as a “Party”, together referred to as the “Parties”).
AMENDMENT NO. 2 TO QUOTA PURCHASE AGREEMENTQuota Purchase Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals
This Amendment No. 2 to the Quota Purchase Agreement, dated as of November 17, 2017 (the “Agreement”), between Amyris, Inc., a Delaware corporation, AB Technologies LLC, a Delaware limited liability company (collectively, the “Seller”), and DSM Produtos Nutricionais Brasil S.A., a Brazilian corporation (the “Purchaser” and together with the Seller, the “Parties”) is made between the Seller and the Purchaser as of April 16, 2019 (this “Second Amendment”), with the express consenting of Amyris Biotecnologia do Brasil Ltda. (current corporate name of SMA Indústria Química Ltda.), a limited liability company with its principal place of business in the city of Pradópolis, State of São Paulo, at São Martinho Farm, Rural Area, Zip Code 14850-000, enrolled with the CNPJ/MF under No. 12.065.083/0001-86 (“SMA”). Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Agreement or in the First Amendment (and in the Commitment for Land Agreement attached there
ContractJoint Venture Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals
IN ACCORDANCE WITH ITEM 601(b)(10)(iv) OF REGULATION S-K, CERTAIN CONFIDENTIAL INFORMATION HAS BEEN EXCLUDED FROM THIS DOCUMENT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED. THE CONFIDENTIAL INFORMATION IS DENOTED HEREIN BY [*].
Exchange AgreementExchange Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, Inc., a Delaware corporation (the “Company”), is offering the opportunity for the undersigned existing beneficial owner (the “Investor”) of the Company’s 6.50% Convertible Senior Notes due 2019 (the “6.50% Notes”) to exchange certain of the Investor’s 6.50% Notes (the “Exchange Offer”) for a senior convertible note, in the form attached hereto as Exhibit A (the “New Note”), which New Note is convertible into shares (the “Conversion Shares”, and, together with the New Note, the “New Securities”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), in accordance with the terms of the New Note, pursuant and subject to the terms and conditions set forth in this Exchange Agreement.
AMENDMENT NO 4 TO LOAN AGREEMENT April 4, 2019Loan Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
PARTIES: Borrower: Amyris, Inc., a Delaware corporation (“Parent”), Amyris Fuels, LLC, a Delaware limited liability company, Amyris Clean Beauty LLC, a Delaware limited liability company, and AB Technologies LLC, a Delaware limited liability company
Exchange AgreementExchange Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, Inc., a Delaware corporation (the “Company”), is offering the opportunity for the undersigned existing holder (the “Investor”) of the Company’s 6.50% Convertible Senior Notes due 2019 (the “6.50% Notes”) to exchange certain of the Investor’s 6.50% Notes (the “Exchange Offer”) for shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) pursuant and subject to the terms and conditions set forth in this agreement (this “Exchange Agreement”).
LOAN PURCHASE AGREEMENTLoan Purchase Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
This Loan Purchase Agreement (“Agreement”), dated as of April 15, 2019 (the “Effective Date”), between GACP Finance Co., LLC., a Delaware limited liability company (the “Seller”), Foris Ventures, LLC, a Delaware limited liability company (the “Purchaser”) and Borrower (as defined below), solely for purposes of Sections 3.03 and 4.03.
LEASE AGREEMENTLease Agreement • October 7th, 2019 • Amyris, Inc. • Industrial organic chemicals
