EXCHANGE AND SETTLEMENT AGREEMENTExchange and Settlement Agreement • April 7th, 2021 • Amyris, Inc. • Industrial organic chemicals • New York
This Exchange and Settlement Agreement (this “Agreement”) is dated as of March 1, 2021 (the “Effective Date”), by and among Amyris, Inc., a Delaware corporation (the “Company”), Amyris Clean Beauty, Inc., a Delaware corporation, Amyris Fuels, LLC, a Delaware limited liability company, and AB Technologies LLC, a Delaware limited liability company (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”), and Schottenfeld Opportunities Fund II, L.P., both in its capacity as a Holder and as agent for the other Holders under the Security Documents (as defined below) (“Schottenfeld”), Koyote Trading, LLC (“Koyote”) and Phase Five Partners, LP (“Phase Five”) (each a “Holder” and collectively, the “Holders”).
