LIMITED WAIVER AND AMENDMENT NO. 13 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 17th, 2017 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 13 to Amended and Restated Note Purchase Agreement (this “Amendment”), is dated as of March 1, 2017, 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 PRIVATE CREDIT TRUST (“Sprott Private Credit Trust Purchaser”, and together with TEC Insight Fund Purchaser, the “Noteholders”).
