LIMITED WAIVER AND AMENDMENT NO. 17 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 13th, 2020 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 17 to Amended and Restated Note Purchase Agreement (this “Amendment”), is dated as of August ___, 2020, 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”), and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Noteholders (“Administrative Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND – INSIGHT FUND and NINEPOINT – TEC PRIVATE CREDIT FUND (collectively, the “Noteholders”).
