AMENDMENT AND WAIVER NO. 2 TO CREDIT AGREEMENTCredit Agreement • August 4th, 2023 • Aemetis, Inc • Industrial organic chemicals
This Amendment and Waiver No. 2 to Credit Agreement (this “Amendment”), is dated as of August 1, 2023 (the “Effective Date”), by and among (i) GOODLAND ADVANCED FUELS, INC., a Delaware corporation and AEMETIS CARBON CAPTURE, INC. (each, a “Borrower”) and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation (the “Agent”), as agent for MBI/TEC PRIVATE DEBT OPPORTUNITIES FUND II, L.P. (the “Lender”), and is acknowledged and agreed by the Guarantors listed on the signature page hereto (“Guarantors” and together with the Borrowers, the “Obligors”).
Amendment No. 1 (“Amendment No. 1”) to Fuel Ethanol Purchase and Sale AgreementFuel Ethanol Purchase and Sale Agreement • August 4th, 2023 • Aemetis, Inc • Industrial organic chemicals • Texas
This Amendment No. 1 to the Fuel Ethanol Purchase and Sale Agreement (the “Amendment”) is effective May 30, 2023 (the “Effective Date”) between Murex LLC, a Texas limited liability company (“Buyer”), with offices at 7160 North Dallas Parkway, Suite 300, Plano, Texas 75024, and Aemetis Advanced Fuel Keyes, Inc., a Delaware corporation (“Seller”), with offices at 20400 Stevens Creek Boulevard, Suite 700, Cupertino, California 95014. Together, the two entities are herein referred to as the "Parties".
LIMITED WAIVER AND AMENDMENT NO. 27 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 4th, 2023 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 27 to Amended and Restated Note Purchase Agreement (this “Amendment”), is signed May 16, 2023 and made effective as of April 1, 2023, is made by and among (i) AEMETIS ADVANCED FUELS KEYES, INC., a Delaware corporation (“AEFK”), AEMETIS FACILITY KEYES, INC., a Delaware corporation (“Keyes Facility”, together with AEFK, the “Borrowers”), AEMETIS, INC., a Nevada corporation (“Parent”), (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Noteholders (“Administrative Agent”) and (iii) THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND – INSIGHT FUND, NINEPOINT – TEC PRIVATE CREDIT FUND, NINEPOINT – TEC PRIVATE CREDIT FUND II and MBI/TEC PRIVATE DEBT OPEN-END TRUST FUND (collectively, the “Noteholders”).
