WAIVER AGREEMENTWaiver Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
This Waiver Agreement (this “Third Waiver Agreement”) is made as of May 6, 2020 by and between Amyris, Inc., a Delaware corporation (the “Company”), and Ginkgo Bioworks, Inc., a Delaware corporation (“Ginkgo”), pursuant to the terms of (i) that certain Promissory Note, dated October 20, 2017 (as amended, the “Note”), issued by the Company to Ginkgo, (ii) that certain Partnership Agreement, dated October 20, 2017 (the “Partnership Agreement”), by and between the Company and Ginkgo, (iii) that certain Waiver Agreement and Amendment to Promissory Note Issued October 20, 2017, dated September 29, 2019 (the “First Waiver Agreement”), by and between the Company and Ginkgo, and (iv) that certain Waiver Agreement and Amendment, dated March 11, 2020 (the “Second Waiver Agreement”), by and between the Company and Ginkgo. Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Note or the Partnership Agreement, as applicable.
THIRD AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
THIS AMENDMENT TO THE SECOND AMENDMENT TO LOAN AGREEMENT (the “Third Amendment Agreement”), is made and entered into, as of May 7, 2020 (the “Effective Date”) by and between Nikko Chemicals Co., Ltd. (“Lender”) and Amyris, Inc. (“Borrower”). Except as otherwise defined herein, all capitalized terms in this Amendment have the same meaning as set forth in the Loan Agreement as amended by the First Amendment Agreement and Second Amendment Agreement (as defined below).
WARRANT AMENDMENT AGREEMENTWarrant Amendment Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals • California
This Warrant Amendment Agreement (this “Amendment”) is made as of May 1, 2020 by and between Amyris, Inc., a Delaware corporation (the “Company”), and LMAP KAPPA LIMITED (the “Holder”).
AMENDMENT TO WARRANTS TO PURCHASE SHARES OF COMMON STOCKCommon Stock • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
This AMENDMENT TO COMMON STOCK PURCHASE WARRANT (this “Amendment”) is made and entered into as of May 1, 2020, by and among Amyris, Inc., a Delaware corporation (the “Company”) and HT Investments MA LLC (the “Holder”).
RIGHTS AMENDMENT AGREEMENTRights Amendment Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals • California
This Rights Amendment Agreement (this “Amendment”) is made as of May 1, 2020 by and between Amyris, Inc., a Delaware corporation (the “Company”), and SILVERBACK OPPORTUNISTIC CREDIT MASTER FUND LIMITED (the “Holder”).
SECOND AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
THIS AMENDMENT TO AMENDMENT TO LOAN AGREEMENT (the “Second Amendment Agreement”), is made and entered into, as of April 3, 2020 (the “Effective Date”) by and between Nikko Chemicals Co., Ltd. (“Lender”) and Amyris, Inc. (“Borrower”). Except as otherwise defined herein, all capitalized terms in this Amendment have the same meaning as set forth in the Loan Agreement as amended by the First Amendment Agreement (as defined below).
AMENDMENT NO. 5 TO QUOTA PURCHASE AGREEMENTQuota Purchase Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
This Amendment No. 5 to the Quota Purchase Agreement (the “Agreement”), dated as of November 17, 2017, between Amyris, Inc., a Delaware corporation, AB Technologies LLC, a Delaware limited liability company (collectively, the “Seller”), and DSM Produtos Nutricionais Brasil S.A., a Brazilian corporation (the “Purchaser” and together with the Seller, the “Parties”) is made between the Seller and the Purchaser as of May 22, 2020 (this “Amendment No. 5”). Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Agreement.
SECOND AMENDMENT TO SENIOR CONVERTIBLE NOTE DUE 2022 AND WAIVER AND FORBEARANCE AGREEMENTSenior Convertible Note Due 2022 and Waiver and Forbearance Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals • New York
This SECOND AMENDMENT TO SENIOR CONVERTIBLE NOTE DUE 2022 AND WAIVER AND FORBEARANCE AGREEMENT (this “Second Amendment”) is made and entered into as of June 4, 2020, by and among Amyris, Inc., a Delaware corporation (the “Company”) and HT Investments MA LLC (the “Holder”).
AMENDMENT NO. 4 TO QUOTA PURCHASE AGREEMENTQuota Purchase Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals
This Amendment No. 4 to the Quota Purchase Agreement (the “Agreement”), dated as of November 17, 2017, between Amyris, Inc., a Delaware corporation, AB Technologies LLC, a Delaware limited liability company (collectively, the “Seller”), and DSM Produtos Nutricionais Brasil S.A., a Brazilian corporation (the “Purchaser” and together with the Seller, the “Parties”) is made between the Seller and the Purchaser as of March 30, 2020 (this “Amendment No. 4”). Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Agreement.
CREDIT AGREEMENTCredit Agreement • August 10th, 2020 • Amyris, Inc. • Industrial organic chemicals • California
This CREDIT AGREEMENT, dated as of April 29, 2020 (as amended, modified or supplemented from time to time, this “Agreement”), is entered into by and between AMYRIS, INC., a Delaware corporation (the “Company”), and Foris Ventures, LLC, a Delaware limited liability company (the “Lender”).
