AMENDMENT NO. 3 TOSupply Agreement • March 13th, 2020 • Amyris, Inc. • Industrial organic chemicals
This Amendment No. 3 to the Supply Agreement (this “Amendment”) is entered into as of September 30, 2019, between DSM Nutritional Products AG, Wurmisweg 576, 4303 Kaiseraugst, Switzerland, (hereinafter "DSM”) and Amyris, Inc., 5885 Hollis Street, Emeryville, CA 94608, USA (hereinafter “Amyris”) (each of DSM and Amyris hereinafter referred to as a “Party”, together referred to as the "Parties").
SECURED TERM PROMISSORY NOTESecured Term Promissory Note • March 13th, 2020 • Amyris, Inc. • Industrial organic chemicals
This Promissory Note is one of the Term Notes referred to in, and is executed and delivered in connection with, that certain Amended and Restated Loan and Security Agreement, dated as of October 28, 2019 (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the "Loan Agreement"), by and among the Borrowers and Foris, and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note.
LOAN AGREEMENTLoan Agreement • March 13th, 2020 • Amyris, Inc. • Industrial organic chemicals • Delaware
THIS LOAN AGREEMENT, is made and entered into, as of December 19, 2019 by and between Nikko Chemicals Co., Ltd., a Japanese corporation (“Lender”), and Amyris, Inc., a Delaware corporation (“Borrower”).
IN ACCORDANCE WITH ITEM 601(b)(10)(iv) OF REGULATION S-K, CERTAIN CONFIDENTIAL INFORMATION HAS BEEN EXCLUDED FROM THIS DOCUMENT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED. THE CONFIDENTIAL...Equity Purchase Agreement • March 13th, 2020 • Amyris, Inc. • Industrial organic chemicals • Delaware
This EQUITY PURCHASE AGREEMENT (this “Agreement”) is made as of this 31st day of October, 2019 (the “Effective Date”), by and between AMYRIS, INC., a Delaware corporation (the “Purchaser”), and COSAN US, INC., a Delaware corporation (the “Seller”). Certain capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in Article VIII.
EIGHTH AMENDMENT TO THE PRIVATE INSTRUMENT NON-RESIDENTIAL REAL ESTATE LEASE AGREEMENTPrivate Instrument Non-Residential Real Estate Lease Agreement • March 13th, 2020 • Amyris, Inc. • Industrial organic chemicals
WHEREAS, on March 31, 2008, the Parties entered into the Private Instrument of Non-Residential Real Estate Lease Agreement (“Agreement”), referring to the lease of a commercial warehouse, which has the total built area of 1,368.09 m² (one thousand, three hundred and sixty-eight square meters and nine square centimeters), which is located at Rua James Clerk Maxwell, No. 315, CEP: 13069 - 380, under the enrollment No. 100068 filed with the 2nd Registrar of Deeds of Campinas, State of São Paulo and
COMMON STOCK PURCHASE WARRANT AMYRIS, INC.Securities Agreement • March 13th, 2020 • Amyris, Inc. • Industrial organic chemicals
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, FORIS VENTURES, LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the two (2) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to ONE MILLION (1,000,000) shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
