0001654954-22-006779 Sample Contracts

LIMITED WAIVER AND AMENDMENT NO. 23 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENT
Note Purchase Agreement • May 16th, 2022 • Aemetis, Inc • Industrial organic chemicals

This Limited Waiver and Amendment No. 23 to Amended and Restated Note Purchase Agreement (this “Amendment”), is dated as of May 11, 2022, 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”), NINEPOINT – TEC PRIVATE CREDIT FUND and THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND – INSIGHT FUND.

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