Amyris, Inc. Sample Contracts

Amyris, Inc. – SECOND EXCHANGE AGREEMENT (July 25th, 2019)

This Second Exchange Agreement (the “Agreement”) is entered into as of the 24th day of July, 2019, by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:

Amyris, Inc. – EXCHANGE AGREEMENT (July 9th, 2019)

This Exchange Agreement (this “Agreement”) is entered into as of the 2nd day of July, 2019, by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:

Amyris, Inc. – EXCHANGE AGREEMENT (June 28th, 2019)

This Exchange Agreement (the “Agreement”) is entered into as of the 24th day of June, 2019, by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:

Amyris, Inc. – EXCHANGE AGREEMENT (May 16th, 2019)

This Exchange Agreement (the “Agreement”) is entered into as of the 15th day of May, 2019, by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:

Amyris, Inc. – KPMG LLP Suite 1400 (May 16th, 2019)
Amyris, Inc. – Security pUrchase AGREEMENT (April 30th, 2019)

This Security Purchase Agreement (this “Agreement”) is made as of [_______], 2019 (the “Effective Date”) by and between Amyris, Inc., a Delaware corporation (the “Company”), and [___________] (“Purchaser”).

Amyris, Inc. – Amyris Provides Update on Resolution of April 2019 Convertible Note Maturity (April 16th, 2019)

EMERYVILLE, Calif., April 15, 2019 (GLOBE NEWSWIRE) -- Amyris, Inc. (Nasdaq:AMRS), a leader in the development and production of sustainable ingredients for the Health & Wellness, Clean Beauty and Flavors & Fragrances markets, today announced that it has been working diligently to resolve its 9.5% convertible notes due April 2019 and plans to repay the notes with cash from a business transaction as well as the net proceeds of a planned equity investment from Foris Ventures, a board member-affiliated long-term investor in Amyris.

Amyris, Inc. – Amyris Repays in Cash April 2019 Convertible Note Debt (April 16th, 2019)

EMERYVILLE, Calif., April 16, 2019 (GLOBE NEWSWIRE) -- Amyris, Inc. (Nasdaq:AMRS), a leader in the development and production of sustainable ingredients for the Health & Wellness, Clean Beauty and Flavors & Fragrances markets, today announced that it has repaid in full the principal amount of its 9.5% convertible notes due April 2019. The notes were paid down with cash from a previously noted business transaction as well as the net proceeds of an equity investment from Foris Ventures, a board member-affiliated long-term investor in Amyris.

Amyris, Inc. – EXCHANGE AGREEMENT (January 2nd, 2019)

This Exchange Agreement (the “Agreement”) is entered into as of the 31st day of December, 2018, by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:

Amyris, Inc. – SECURITIES PURCHASE AGREEMENT (December 7th, 2018)

This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of December 6, 2018, is by and among Amyris, Inc., a Delaware corporation with offices located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).

Amyris, Inc. – Re: IP License Agreements (November 26th, 2018)

Reference is made to that certain Loan and Security Agreement (the “Loan Agreement”) by and among Amyris, Inc. (“Amyris”), certain of its subsidiaries, the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and GACP Finance Co., LLC., a Delaware limited liability company, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

Amyris, Inc. – SECURITIES PURCHASE AGREEMENT (November 26th, 2018)

This Securities Purchase Agreement (this “Agreement”) is dated as of November 19, 2018, between Amyris, Inc., a Delaware corporation (the “Company”), and DSM International B.V. (the “Purchaser”).

Amyris, Inc. – AMENDMENT TO COMMON STOCK PURCHASE WARRANT (November 15th, 2018)

This Amendment to Common Stock Purchase Warrant (this “Amendment”) is made and entered into as of August 17, 2018, by and between Amyris, Inc., a Delaware corporation (the “Company”), and Foris Ventures, LLC (the “Holder”).

Amyris, Inc. – AMENDMENT TO COMMON STOCK PURCHASE WARRANT (November 15th, 2018)

This Amendment to Common Stock Purchase Warrant (this “Amendment”) is made and entered into as of August 17, 2018, by and between Amyris, Inc., a Delaware corporation (the “Company”), and Vivo Capital Surplus Fund VIII, L.P. (the “Holder”).

Amyris, Inc. – AMENDMENT NO 1 TO LOAN AGREEMENT (November 15th, 2018)

PARTIES: Borrower: Amyris, Inc., a Delaware corporation (“Amyris”) and Amyris Fuels, LLC, a Delaware limited liability company (“Fuels”)

Amyris, Inc. – COMMON STOCK PURCHASE WARRANT AMYRIS, INC. (November 15th, 2018)

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Vivo Capital Fund VIII, L.P. or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the open of business on the six month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifteen month anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to one million eight hundred and fifty five thousand seven hundred and six (1,855,706) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Amyris, Inc. – COMMON STOCK PURCHASE WARRANT AMYRIS, INC. (November 15th, 2018)

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Vivo Capital Surplus Fund VIII, L.P. or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the open of business on the six month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifteen month anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to two hundred and fifty six thousand two hundred and fifty one (256,251) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Amyris, Inc. – AMENDMENT TO COMMON STOCK PURCHASE WARRANT (November 15th, 2018)

This Amendment to Common Stock Purchase Warrant (this “Amendment”) is made and entered into as of August 17, 2018, by and between Amyris, Inc., a Delaware corporation (the “Company”), and Foris Ventures, LLC (the “Holder”).

Amyris, Inc. – AMENDMENT TO COMMON STOCK PURCHASE WARRANT (November 15th, 2018)

This Amendment to Common Stock Purchase Warrant (this “Amendment”) is made and entered into as of August 17, 2018, by and between Amyris, Inc., a Delaware corporation (the “Company”), and Vivo Capital Fund VIII, L.P. (the “Holder”).

Amyris, Inc. – Underwriting Agreement (August 24th, 2018)
Amyris, Inc. – COMMON STOCK PURCHASE WARRANT AMYRIS, INC. (August 20th, 2018)

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Vivo Capital Surplus Fund VIII, L.P. or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the open of business on the six month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifteen month anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to six hundred and nineteen thousand seven hundred and forty nine (619,749) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Amyris, Inc. – COMMON STOCK PURCHASE WARRANT AMYRIS, INC. (August 20th, 2018)

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Vivo Capital Fund VIII, L.P. or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the open of business on the six month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifteen month anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to four million four hundred and eighty eight thousand seventy two (4,488,072) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Amyris, Inc. – COMMON STOCK PURCHASE WARRANT AMYRIS, INC. (August 20th, 2018)

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Foris Ventures, LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the open of business on the six month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifteen month anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Amyris, Inc., a Delaware corporation (the “Company”), up to four million eight hundred and seventy seven thousand three hundred and eighty six (4,877,386) shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

Amyris, Inc. – WARRANT EXERCISE AGREEMENT (August 20th, 2018)

This Warrant Exercise Agreement (this “Agreement”) is dated as of August 17, 2018 (the “Effective Date”), among Amyris, Inc., a Delaware corporation (the “Company”) and the undersigned investor (the “Holder”).

Amyris, Inc. – WARRANT EXERCISE AGREEMENT (August 20th, 2018)

This Warrant Exercise Agreement (this “Agreement”) is dated as of August 17, 2018 (the “Effective Date”), among Amyris, Inc., a Delaware corporation (the “Company”) and the undersigned investor (the “Holder”).

Amyris, Inc. – WARRANT EXERCISE AGREEMENT (August 20th, 2018)

This Warrant Exercise Agreement (this “Agreement”) is dated as of August 17, 2018 (the “Effective Date”), among Amyris, Inc., a Delaware corporation (the “Company”) and the undersigned investor (the “Holder”).

Amyris, Inc. – Eighth Amendment To Loan And Security Agreement (August 14th, 2018)

This EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of May 30, 2018, is among AMYRIS, INC., a Delaware corporation (the “Parent”), and each of its Subsidiaries that has delivered a Joinder Agreement (as defined herein) (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors” and together with Parent, collectively, “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and STEGODON CORPORATION, a Delaware corporation, as successor-in-interest to Hercules Technology Growth Capital, Inc., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

Amyris, Inc. – FOURTH AMENDMENT TO 12% SENIOR CONVERTIBLE NOTE (RS-10) (August 14th, 2018)

This Fourth Amendment to 12% Senior Convertible Note (RS-10) (this “Amendment”) is made and entered into as of May 31st, 2018, by and between Amyris, Inc., a Delaware corporation (the “Company”), and Total Raffinage Chimie S.A., as assignee of Total Energies Nouvelles Activités USA (the “Investor”).

Amyris, Inc. – AMYRIS, INC. 2010 Employee Stock Purchase Plan As Amended May 22, 2018 (August 14th, 2018)
Amyris, Inc. – AMYRIS, INC. 2010 EQUITY INCENTIVE PLAN NOTICE OF PERFORMANCE STOCK OPTION GRANT (August 14th, 2018)

This Option is a performance-based stock option award and, subject to Participant continuing as the Chief Executive Officer of the Company (the “Chief Executive Officer”) through each vesting event, shall vest and be exercisable upon the vesting dates set forth below subject to the satisfaction of both EBITDA Milestones and Stock Price Milestones as described in more detail below.

Amyris, Inc. – Amendment #1 to Participation Agreement (August 14th, 2018)

This Amendment #1 to Participation Agreement (this “Amendment”) is made as of May 30, 2018 by and between Amyris, Inc., a Delaware corporation (the “Company”), and John Melo (the “Employee”).

Amyris, Inc. – LOAN AND SECURITY AGREEMENT (July 2nd, 2018)

THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 29, 2018 and is entered into by and between AMYRIS, INC., a Delaware corporation (the “Parent”), and each of its Subsidiaries that has delivered a Joinder Agreement (as defined herein) (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors” and together with Parent, collectively, “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and GACP Finance Co., LLC., a Delaware limited liability company, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

Amyris, Inc. – AMYRIS, INC. 2010 EQUITY INCENTIVE PLAN As Amended May 22, 2018 (June 25th, 2018)
Amyris, Inc. – THIRD AMENDMENT TO 1.5% SENIOR CONVERTIBLE NOTE (RS-10) (May 18th, 2018)

This Third Amendment to 1.5% Senior Convertible Note (RS-10) (this “Amendment”) is made and entered into as of March 30, 2018, by and between Amyris, Inc., a Delaware corporation (the “Company”) and Total Raffinage Chimie S.A., as assignee of Total Energies Nouvelles Activités USA (the “Investor”).

Amyris, Inc. – SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 18th, 2018)

This SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of March 30, 2018, is among AMYRIS, INC., a Delaware corporation (the “Parent”), and each of its Subsidiaries that has delivered a Joinder Agreement (as defined herein) (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors” and together with Parent, collectively, “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and STEGODON CORPORATION, a Delaware corporation, as successor-in-interest to Hercules Technology Growth Capital, Inc., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).