EX-10.1
from 10-Q
21 pages
The Lender Is Pleased to Offer the Credit Facility (The “Facility”) Described in This Letter Agreement (The “Agreement”) Subject to the Terms and Conditions Set Forth Herein Including, Without Limitation, the Satisfactory Completion of Due Diligence. Unless Otherwise Indicated, All Amounts Are Expressed in Canadian Currency. All Capitalized Terms Not Otherwise Defined in the Body of This Agreement Shall Have the Meanings Ascribed Hereto in Schedule “A”. Borrower: BioAmber Inc. (The “Borrower”), a Corporation Incorporated Pursuant to the Laws of Delaware Lender:bridging Finance Inc. Guarantors: Bioamber Canada Inc. And, if the Bioamber Lux Windup Is Not Completed Within 60 Days of the Date Hereof, Bioamber International S.A.R.L (Together, the “Guarantors”) Facility: Non-Revolving Demand Loan of Up to $25,000,000. Subject to the Provisions Hereof, the Lender May Demand Payment in Writing at Any Time and This Facility Shall Become Payable by the Lender Immediately Upon Receipt of Such Demand. Purpose: To Refinance Certain Amounts Owed by the Borrower to Tennenbaum Capital Partners (“Tcp”) and for General Working Capital and Corporate Purposes. Term: The Earlier of the Date of Demand and September 30, 2017 Loan Availability: Subject to the Terms and Conditions of This Agreement, the Amount Available Under the Facility May Be Drawn Only in a Single Advance on the Date of the Initial Advance Under the Facility, at Which Time Any Undrawn Amount Under the Facility Shall Be Permanently Cancelled. Interest Rate
12/34/56
