GENERAL SECURITY AGREEMENT made by AEMETIS PROPERTY KEYES, INC., as a Grantor THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO in favor of THIRD EYE CAPITAL CORPORATION, as Agent Dated as of December 3, 2018General Security Agreement • December 7th, 2018 • Aemetis, Inc • Industrial organic chemicals • New York
This GENERAL SECURITY AGREEMENT, (the “Agreement”) dated as of December 3, 2018, is made by Aemetis Property Keyes, Inc., a Delaware corporation (the “Company”), as a grantor, and any subsidiary of the Company that may from time to time become party hereto (in accordance with Section 8.14 hereof) as a grantor (collectively with the Company, the “Grantors”), in favor of THIRD EYE CAPITAL CORPORATION, as administrative agent and collateral agent for and on behalf of the Noteholders (as defined in the Note Purchase Agreement referred to below) (in such aforesaid capacities, or any successor or assign in such capacities, the “Agent”).
LIMITED GUARANTYLimited Guaranty • December 7th, 2018 • Aemetis, Inc • Industrial organic chemicals • New York
This LIMITED GUARANTY (this “Limited Guaranty”), dated as of December 3, 2018, is made by AEMETIS ADVANCED FUELS KEYES, INC. (the “Guarantor”), in favor of THIRD EYE CAPITAL CORPORATION, as administrative agent and collateral agent for and on behalf of the Noteholders (as defined in the Note Purchase Agreement referred to below) (in such aforesaid capacities, or any successor or assign in such capacities, the “Agent”).
PLEDGE AGREEMENT made by AE ADVANCED FUELS. INC., as Pledgor in favor of THIRD EYE CAPITAL CORPORATION, as Agent Dated as of December 3, 2018Pledge Agreement • December 7th, 2018 • Aemetis, Inc • Industrial organic chemicals • New York
PLEDGE AGREEMENT, dated as of December 3, 2018, by AE ADVANCED FUELS, INC. (the “Pledgor”), in favor of THIRD EYE CAPITAL CORPORATION, as administrative agent and collateral agent for and on behalf of the Noteholders (as defined in the Note Purchase Agreement referred to below) (in such aforesaid capacities, or any successor or assign in such capacities, the “Agent”).
AMENDMENT NO. 2 TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 7th, 2018 • Aemetis, Inc • Industrial organic chemicals
This Amendment No. 2 to Note Purchase Agreement (this “Amendment”), is dated as of November 30, 2018, by and among (i) GOODLAND ADVANCED FUELS, INC., a Delaware corporation (the “Borrower”) and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Noteholders (the “Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND – INSIGHT FUND, THIRD EYE CAPITAL ALTERNATIVE CREDIT TRUST, and MBI/TEC PRIVATE DEBT OPPORTUNITIES FUND I, L.P. (collectively, the “Noteholders”), and is acknowledged and agreed by the current Guarantors, AEMETIS, INC., a Nevada corporation (“Parent”) and AEMETIS ADVANCED PRODUCTS KEYES, INC., a Delaware corporation (“AAPK”) and new Guarantors, AEMETIS PROPERTY KEYES, INC. (formerly Aemetis Advanced Fuels Goodland, Inc.) (“APKI”) and AEMETIS ADVANCED FUELS KEYES, INC. (“AEFK”, and together with the Parent, AAPK, APKI and the Borrower, the “Obligors”).
