FORBEARANCE AGREEMENTForbearance Agreement • May 3rd, 2017 • TerraVia Holdings, Inc. • Industrial organic chemicals
Contract Type FiledMay 3rd, 2017 Company IndustryTHIS FORBEARANCE AGREEMENT, dated as of May 3, 2017 (this “Agreement”), is entered into by and between TerraVia Holdings, Inc. (formerly known as Solazyme, Inc.) (“TVIA”) and those certain holders identified on the signature pages hereto (collectively, with such other holders that execute a signature page hereto after the Forbearance Effective Date (as defined below), the “Consenting Holders”) of (i) the 5.00% Convertible Senior Subordinated Notes due 2019 (collectively, the “2019 Notes”) issued by TVIA pursuant to that certain Indenture, dated as of April 1, 2014, between TVIA and Wells Fargo Bank, National Association (including its successor or assign as trustee under said Indenture, the “2019 Indenture Trustee”), as trustee (the “2019 Notes Indenture”) and (ii) with respect to certain Consenting Holders, the 6.00% Convertible Senior Subordinated Notes due 2018 (collectively, the “2018 Notes” and, together with the 2019 Notes, the “Notes”) issued by TVIA pursuant to that certain Ind