SECOND AMENDMENT TO PROMISSORY NOTE AND PARTNERSHIP AGREEMENTPromissory Note and Partnership Agreement • November 6th, 2020 • Amyris, Inc. • Industrial organic chemicals
This Second Amendment to Promissory Note and Partnership Agreement (this “Second Amendment”) is made as of August 10, 2020 by and between Amyris, Inc., a Delaware corporation (the “Company”), and Ginkgo Bioworks, Inc., a Delaware corporation (“Ginkgo”), pursuant to the terms of (i) that certain Promissory Note, dated October 20, 2017 (as amended, the “Note”), issued by the Company to Ginkgo, (ii) that certain Partnership Agreement, dated October 20, 2017 (as amended, the “Partnership Agreement”), by and between the Company and Ginkgo, (iii) that certain Waiver Agreement and Amendment to Promissory Note Issued October 20, 2017, dated September 29, 2019 (the “First Note Amendment”), by and between the Company and Ginkgo, (iv) that certain Waiver Agreement and Amendment, dated March 11, 2020 (the “First Partnership Amendment”), by and between the Company and Ginkgo, and (v) that certain Waiver Agreement, dated May 6, 2020 (the “Waiver”), by and between the Company and Ginkgo. Capitalized
