0001654954-22-010775 Sample Contracts

SERIES A PREFERRED UNIT PURCHASE AGREEMENT
Preferred Unit Purchase Agreement • August 8th, 2022 • Aemetis, Inc • Industrial organic chemicals

This Waiver and Amendment to Series A Preferred Unit Purchase Agreement (this “Amendment”), is dated as of August 8, 2022, is made by and among (i) AEMETIS BIOGAS LLC, a Delaware limited liability company (“ABGL”), PROTAIR-X AMERICAS, INC., a Delaware corporation (the “Purchaser”), and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Purchaser (“Agent”).

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LIMITED WAIVER AND AMENDMENT NO. 24 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENT
Note Purchase Agreement • August 8th, 2022 • Aemetis, Inc • Industrial organic chemicals

This Limited Waiver and Amendment No. 24 to Amended and Restated Note Purchase Agreement (this “Amendment”), is dated as of August 8, 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”), (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 and NINEPOINT – TEC PRIVATE CREDIT FUND (collectively, the “Noteholders”).

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