LIMITED WAIVER AND AMENDMENT NO. 6 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • November 1st, 2013 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 6 to Amended and Restated Note Purchase Agreement (this “Amendment”), is executed on October 28, 2013 but effective as of September 30, 2013, is made by and among (i) AEMETIS ADVANCED FUELS KEYES, INC. (f/k/a AE Advanced Fuels Keyes, Inc.), a Delaware corporation (“AEAFK”), AEMETIS FACILITY KEYES, INC., a Delaware corporation and successor-in-interest to Keyes Facility Acquisition Corp., a Delaware corporation (“Keyes Facility”, together with AEAFK, the “Borrowers”), AEMETIS, INC. (formerly known as AE Biofuels, Inc.), a Nevada corporation (“Parent”), and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Noteholders (“Administrative Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND - INSIGHT FUND (“TEC Insight Fund Purchaser”) and SPROTT PC TRUST (“Sprott PC Trust Purchaser”, and together with TEC Insight Fund Purchaser, “Noteholders”).
