0001365916-14-000014 Sample Contracts

AMYRIS, INC CONSULTING AGREEMENT
Consulting Agreement • August 8th, 2014 • Amyris, Inc. • Industrial organic chemicals • California

THIS CONSULTING AGREEMENT (“Agreement”) is made and entered into as of December 6, 2013, (the “Effective Date”) by and between Amyris, Inc., having its principal place of business located at 5885 Hollis Street, Suite 100 Emeryville, CA 94608 (the “Company”), and Steve Mills, an individual residing in the State of [*] with a principal place of residence at [*] (“Consultant”). The Company desires to retain Consultant as an independent contractor to perform consulting services for the Company, and Consultant is willing to perform such services, on terms set forth more fully below.

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MODIFICATION TO TECHNOLOGY INVESTMENT AGREEMENT BETWEEN AMYRIS, INC., SUITE 100 EMERYVILLE, CALIFORNIA 94608 AND THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY ARLINGTON, VA 22203-2114 CONCERNING IMPROVING DNA ASSEMBLY AND INTEGRATION ACROSS PLATFORMS...
Technology Investment Agreement • August 8th, 2014 • Amyris, Inc. • Industrial organic chemicals

The purpose of this modification is to make minor technical edits to the Statement of Work (Agreement Attachment 1) and Payable Milestone Plan (Agreement Attachment 3). Accordingly, the following changes apply:

SUBLEASE
Sublease • August 8th, 2014 • Amyris, Inc. • Industrial organic chemicals • California

THIS SUBLEASE (this “Sublease”), dated as of April 4, 2014 (the “Effective Date”), is entered into by and between AMYRIS, INC., a Delaware corporation (“Amyris”), and TOTAL NEW ENERGIES USA, INC., a Delaware corporation (“TOTAL”).

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND NOTE MODIFICATION
Loan and Security Agreement and Note Modification • August 8th, 2014 • Amyris, Inc. • Industrial organic chemicals • California

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND NOTE MODIFICATION (this “Amendment”), dated as of June 12, 2014, is among AMYRIS, INC., a Delaware corporation (the “Parent”), and each of its Subsidiaries that has delivered a Joinder Agreement (as defined herein) (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors” and together with Parent, collectively, “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

Contract
Amyris, Inc. • August 8th, 2014 • Industrial organic chemicals • New York

THIS SECURITY AND THE SHARES ISSUABLE UPON CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF, THE ACQUIRER:

PILOT PLANT SERVICES AGREEMENT
Plant Services Agreement • August 8th, 2014 • Amyris, Inc. • Industrial organic chemicals • New York

THIS PILOT PLANT SERVICES AGREEMENT (“Agreement”) is made and entered into as of April 4, 2014 (the “Effective Date”) by and between Amyris, Inc., having its principal place of business located at 5885 Hollis St, Suite 100, Emeryville, CA 94608 (“Amyris”), and TOTAL New Energies USA, Inc., a corporation incorporated under the laws of the state of Delaware, having its principal place of business located at 5858 Horton Street, Emeryville, CA 94608 (“TOTAL”). Amyris and TOTAL may each be referred to herein individually as a “Party” and collectively as the “Parties.”

Amended and Restated Letter Agreement
Letter Agreement • August 8th, 2014 • Amyris, Inc. • Industrial organic chemicals • Delaware

In connection with that certain Securities Purchase Agreement, dated as of August 8, 2013, as amended by that Amendment No. 1 to Securities Purchase Agreement dated as of October 16, 2013 and as further amended by that Amendment No. 2 to Securities Purchase Agreement and Tranche I Note Amendment Agreement of even date herewith (as amended, the “Purchase Agreement”), by and among Amyris, Inc., a Delaware corporation (the “Company”), and the purchasers listed on Schedule I thereto (each, a “Purchaser”, and collectively, the “Purchasers”) and that certain Amended and Restated Investors’ Rights Agreement dated as of June 21, 2010, as amended by (i) Amendment No. 1 to Amended and Restated Investors’ Rights Agreement, dated as of February 23, 2012, (ii) Amendment No. 2 to Amended and Restated Investors’ Rights Agreement, dated as of December 24, 2012, (iii) Amendment No. 3 to Amended and Restated Investors’ Rights Agreement, dated as of March 27, 2013, (iv) Amendment No. 4 to Amended and Res

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