0001354488-11-004443 Sample Contracts

LIMITED WAIVER AND AMENDMENT NO. 4 TO NOTE PURCHASE AGREEMENT
Note Purchase Agreement • November 15th, 2011 • Ae Biofuels, Inc. • Industrial organic chemicals

This Limited Waiver and Amendment No. 4 to Note Purchase Agreement (the "Amendment"), dated as of November 8, 2011 and effective as of October 18, 2011 is among AE ADVANCED FUELS KEYES, INC., a Delaware corporation (the “Company”), THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent (“Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND - INSIGHT FUND (“TEC Insight Fund Purchaser”) and SPROTT PRIVATE CREDIT FUND L.P. (“Sprott Purchaser,” and together with TEC Insight Fund Purchaser, the “Purchasers”).

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