LIMITED WAIVER, CONSENT AND AMENDMENT NO. 5 TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • February 6th, 2012 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver, Consent and Amendment No. 5 to Note Purchase Agreement (this “Waiver”), dated as of January 31, 2012, is made by and among AEMETIS ADVANCED FUELS KEYES, INC. (f/k/a 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, “Purchasers”).
