EX-10.1
from 8-K
86 pages
Senior Secured Super Priority Debtor in Possession Loan Agreement Dated as of August 9, 2023 by and Among Amyris, Inc., Amyris Clean Beauty, Inc., and Aprinnova, LLC, as Borrowers the Subsidiaries of the Borrowers Party Hereto, as Guarantors, Euagore, LLC, as Administrative Agent, and the Lenders Party Hereto
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EX-10.1
from 8-K
56 pages
This Amendment and Restatement Agreement (This “Amendment”), Dated as of December 12, 2022, Is Entered Into by and Among Amyris, Inc., a Delaware Corporation (The “Parent” or the “Borrower”), Amyris Clean Beauty, Inc., a Delaware Corporation, Amyris Fuels, LLC, a Delaware Limited Liability Company, Ab Technologies LLC, a Delaware Limited Liability Company, and Any Other Subsidiary of Parent That Has Delivered a Joinder Agreement (As Defined Herein) (Each a “Subsidiary Guarantor” and Collectively, the “Subsidiary Guarantors” and Together With Parent, Collectively, the “Obligors” and Each an “Obligor”), and Dsm Finance B.V., a Netherlands Private Company With Limited Liability Company, in Its Capacity as Lender (The “Lender”). A.THE Parties Hereto Have Entered Into That Certain Loan and Security Agreement Dated as of October 11, 2022 (As Amended, Restated, Amended and Restated, Supplemented or Otherwise Modified From Time to Time Prior to the Date Hereof, the “Existing Loan Agreement”); and B.THE Parties Hereto Wish to Amend and Restate the Existing Loan Agreement on the Terms and Conditions Set Forth Herein (The Existing Loan Agreement, as So Restated, the “Amended Loan Agreement”). Now, Therefore, in Consideration of the Mutual Promises Herein Contained and for Other Valuable Consideration, the Receipt and Sufficiency of Which Is Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound, Hereby Agree as Follows: Section 1. Definitions. All Capitalized Terms Not Otherwise Defined Herein Are Used as Defined in the Amended Loan Agreement
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EX-10.01
from 10-Q
57 pages
This Amendment and Restatement Agreement (This “Amendment”), Dated as of September 27, 2022, Is Entered Into by and Among Amyris, Inc., a Delaware Corporation (The “Parent” or the “Borrower”), Amyris Clean Beauty, Inc., a Delaware Corporation, Amyris Fuels, LLC, a Delaware Limited Liability Company, Ab Technologies LLC, a Delaware Limited Liability Company, and Any Other Subsidiary of Parent That Has Delivered a Joinder Agreement (As Defined Herein) (Each a “Subsidiary Guarantor” and Collectively, the “Subsidiary Guarantors” and Together With Parent, Collectively, the “Obligors” and Each an “Obligor”), and Foris Ventures, LLC, a Delaware Limited Liability Company, in Its Capacity as Lender (The "Lender"). A. the Parties Hereto Have Entered Into That Certain Loan Agreement Dated as September 13, 2022 (As Amended, Restated, Supplemented or Otherwise Modified From Time to Time Prior to the Date Hereof, the “Loan Agreement”); and B. the Parties Hereto Wish to Amend and Restate the Loan Agreement on the Terms and Conditions Set Forth Herein. Now, Therefore, in Consideration of the Mutual Promises Herein Contained and for Other Valuable Consideration, the Receipt and Sufficiency of Which Is Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound, Hereby Agree as Follows: Section 1. Definitions. All Capitalized Terms Not Otherwise Defined Herein Are Used as Defined in the Loan Agreement. Section 2. Amendment and Restatement. as of the Effective Date (As Defined Below), the Loan Agreement Is Hereby Amended and Restated as Set Forth on Annex a to This Amendment. Section 3. Conditions Precedent. Section 2 Hereof Shall Become Effective on the Date (The “Effective Date”) on Which the Lender Shall Have Received: 3.1.evidence That Tranche 1 Has Been Borrowed in Full for the Purposes Permitted by This Agreement; 3.2.a Borrowing Base Certificate; 3.3.intellectual Property Search Results and Completed Exhibits to the Ip Security Agreements;
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