Amendment

AMENDMENT NO. 01 Dated June 30, 2010

by KiOR
May 18th, 2011

Exhibit 4.12
AMENDMENT NO. 01
Dated June 30, 2010
     THIS AMENDMENT NO l (“Amendment No. 1”) to that certain Loan and Security Agreement No. 1452 dated as of January 27, 2010 (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., as “Agent” for the lenders identified on Schedule A to the Agreement (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), the Lenders and Kior, Inc. (“Borrower”).
(All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Agreement.)
Without limiting or amending any other provisions of the Agreement, Lender and Borrower agree to the following:
Section 6.10 of the Agreement, the following definition shall be deleted in its entirety and replaced with the following:
6.10 Dissolution of Kior BV. Borrower shall not permit a Lien on the capital stock of Kior BV, or pledge the stock certificates of Kior BV, in favor of any other party other than Lender and Borrower shall take all steps necessary to dissolve the existence of Kior BV no later than October 31, 2010.
Execution and delivery of this Amendment constitutes a reaffirmation as of the date thereof of all of the representations and warranties contained in the Agreement and the Loan Documents, as such representations and warranties may be amended hereby.
Except as amended hereby, the Agreement remains unmodified and unchanged.
                     
BORROWER:       AGENT:    
 
                   
Kior, Inc.       Lighthouse Capital Partners V, L.P.    
 
                   
By:
Name:
Title:
  /s/ George E. Staggs
 
George E. Staggs
Treasurer & Controller
      By:   Lighthouse management Partners V, L.L.C.,
its general partner
   
 
          By:
Name:
Title:
  /s/ Cristy Barnes
 
Cristy Barnes
Managing Director
   
 
                   
Lenders:                
 
                   
LEADER LENDING, LLC — SERIES A       LEADER LENDING, LLC — SERIES B    
 
                   
By:
Name:
  /s/ Robert W. Molke
 
Robert W. Molke
      By:
Name:
  /s/ Robert W. Molke
 
Robert W. Molke
   
Title:
  Managing Director       Title:   Managing Director    

 


 

                 
Lighthouse Capital Partners VI, L.P.            
 
               
By:
  Lighthouse Management Partners VI L.L.C.,
its general partner
 
       
 
               
By:
  /s/ Cristy Barnes            
 
               
Name:
  Cristy Barnes            
Title:
  Managing Director