ContractEnglish Warrant Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (“the 1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
AMYRIS BIOTECHNOLOGIES, INC. STOCK OPTION AGREEMENTStock Option Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
AMYRIS BIOTECHNOLOGIES, INC. STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
All capitalized terms in this Agreement shall have the meaning assigned to them in this Agreement or in the attached Appendix.
AMENDMENT TO OFFER LETTER AGREEMENTOffer Letter Agreement • April 16th, 2010 • Amyris Biotechnologies Inc
This Amendment to the Offer Letter Agreement (this “Amendment”) is made and entered into as of December 18, 2008, by and among Jeff Lievense (“Executive”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
LEASE BETWEEN EMERYSTATION TRIANGLE, LLC (LANDLORD) AND AMYRIS BIOTECHNOLOGIES, INC. (TENANT) 5850 HOLLIS STREET Emeryville, CaliforniaLease • April 16th, 2010 • Amyris Biotechnologies Inc • California
FIRST AMENDMENT TO REIMBURSEMENT AND SECURITY AGREEMENT AND TO SUPPORT AGREEMENTReimbursement and Security Agreement And • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS FIRST AMENDMENT TO REIMBURSEMENT AND SECURITY AGREEMENT AND TO SUPPORT AGREEMENT (this “Amendment”) is entered into as of December 3, 2009 by and between AMYRIS BIOTECHNOLOGIES, INC., California corporation (the “Borrower”), and BANK OF THE WEST, a California banking corporation (the “Bank”).
AMYRIS BIOTECHNOLOGIES, INC. STOCK OPTION AGREEMENT (FOR NON-U.S. EMPLOYEES)Stock Option Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
AMYRIS BIOTECHNOLOGIES, INC. AMENDMENT NO. 1 TO AMENDED AND RESTATED STRATEGIC ADVISORY SERVICES AGREEMENTStrategic Advisory Services Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED STRATEGIC ADVISORY SERVICES AGREEMENT, by and between Amyris Biotechnologies, Inc., a California corporation (the “Company”), and Lit Tele LLC, a Delaware limited liability company (“Lit Tele”), is dated as of February 11, 2010 (this “Amendment”), and amends that certain Amended and Restated Strategic Advisory Services Agreement, by and between the Company and Lit Tele, dated as of July 31, 2009 (the “Agreement”). Capitalized terms used and not defined herein shall have those meanings given to them in the Agreement.
AMYRIS BIOTECHNOLOGIES, INC. AMENDED AND RESTATED STRATEGIC ADVISORY SERVICES AGREEMENTStrategic Advisory Services Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS AMENDED AND RESTATED STRATEGIC ADVISORY SERVICES AGREEMENT (“Agreement”) is made and entered into as of July 31, 2009 (the “Amendment Date”), by and between Amyris Biotechnologies, Inc., a California corporation having its principal place of business located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608, USA (“Amyris”), and Lit Tele LLC, a Delaware limited liability company, with its registered office at 3411 Silverside Road, Rodney Building #104, in the City of Wilmington, State of Delaware (“Lit Tele”). This Agreement amends and restates in its entirety that certain Strategic Advisory Services Agreement by and between Amyris and Lit Tele dated September 15, 2008 (the “Effective Date”).
AMENDMENT NO. 1 TO STOCK PURCHASE WARRANTStock Purchase Warrant • April 16th, 2010 • Amyris Biotechnologies Inc • California
This Amendment No. 1 to Stock Purchase Warrant (this “Amendment”) is made and entered into as of April 8, 2010 (the “Amendment Date”), by and among ES East Associates, LLC, a California limited liability company (“ES East Associates”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
FIRST AMENDMENT TO LEASELease • April 16th, 2010 • Amyris Biotechnologies Inc
THIS FIRST AMENDMENT TO LEASE (the “First Amendment”), dated as of March 10, 2008 (the “Effective Date”), is entered into by and between ES EAST ASSOCIATES, LLC, a California limited liability company (“Landlord”), and AMYRIS BIOTECHNOLOGIES, INC., a California corporation (“Tenant”), with reference to the following facts:
AMYRIS BIOTECHNOLOGIES, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of March 12, 2010, by and among Amyris Biotechnologies, Inc., a California corporation (the “Company”), and the holders of Series A Preferred Stock listed on Exhibit A attached hereto (the “Series A Preferred Stock”), the Series B Preferred Stock listed on Exhibit B attached hereto (the “Series B Preferred Stock”), the Series B-1 Preferred Stock listed on Exhibit C attached hereto (the “Series B-1 Preferred Stock”), the Series C Preferred Stock listed on Exhibit D attached hereto (the “Series C Preferred Stock”), and the Series C-1 Preferred Stock listed on Exhibit E attached hereto (the “Series C-1 Preferred Stock”, and together with the Series A Preferred Stock, the Series B Preferred Stock, the Series B-1 Preferred Stock, and the Series C Preferred Stock, the “Preferred Stock”) (each, an “Investor” and collectively, the “Investors”) and the individuals listed on Exhibit F hereto (each, a “Common Hold
REIMBURSEMENT AND SECURITY AGREEMENT Dated as of November 5, 2009 between AMYRIS BIOTECHNOLOGIES, INC. and BANK OF THE WESTReimbursement and Security Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
This REIMBURSEMENT AND SECURITY AGREEMENT (“Agreement”) is entered into as of November 5, 2009 by and between AMYRIS BIOTECHNOLOGIES, INC., a California corporation (the “Borrower”) and Bank of the West, a California banking corporation (the “Bank”).
December 22, 2008 Mr. Geoffrey Sears EmeryStation Triangle, LLCAmyris Biotechnologies Inc • April 16th, 2010
ASSISTANCE AGREEMENTAssistance Agreement • April 16th, 2010 • Amyris Biotechnologies Inc
NOTE: In reading these provisions, any reference to “contractor” shall mean “recipient,” and any reference to “contract” or “subcontract” shall mean “award” or “subaward.”
SECOND AMENDMENT TO LEASELease • April 16th, 2010 • Amyris Biotechnologies Inc
THIS SECOND AMENDMENT TO LEASE (the “Second Amendment”), dated as of April 25, 2008 (the “Effective Date”), is entered into by and between ES EAST ASSOCIATES, LLC, a California limited liability company (“Landlord”), and AMYRIS BIOTECHNOLOGIES, INC., a California corporation (“Tenant”), with reference to the following facts:
Tamara L. Tompkins Belmont, CA 94002 January 15, 2009 Re: Amendment to Offer Letter Dear Tammy:Amyris Biotechnologies Inc • April 16th, 2010
This letter amends the offer letter between you and Amyris Biotechnologies, Inc. (“Amyris”) dated January 25, 2005 (the “Original Offer Letter”). The Original Offer Letter shall be amended by adding the following provisions:
Via Fed ExMaster Lease Agreement • April 16th, 2010 • Amyris Biotechnologies Inc
ContractPlain English Warrant Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (“the 1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
FOURTH AMENDMENT TO LEASELease • April 16th, 2010 • Amyris Biotechnologies Inc
THIS FOURTH AMENDMENT TO LEASE (this “Fourth Amendment”), dated as of November 14, 2009 (the “Effective Date”), is entered into by and between ES EAST, LLC, a California limited liability company (“Landlord”), and AMYRIS BIOTECHNOLOGIES, INC., a California corporation (“Tenant”), with reference to the following facts:
PRIVATE INSTRUMENT OF NON RESIDENTIAL REAL ESTATE LEASE AGREEMENTReal Estate Lease Agreement • April 16th, 2010 • Amyris Biotechnologies Inc
LESSORS: LUCIO TOMASIELLO, Brazilian, single, of age, businessman, bearer of identity card RG N. 20.790.427 SSP-SP, enrolled with CPF/MF under N. 137.566.718-10, resident and domiciled in the city of Campinas, State of São Paulo, at Rua XI de Agosto, 411, ap. 103; and MAURICIO TOMASIELLO, Brazilian, single, of age, businessman, bearer of identity card RG N. 23.019.084-4 SSP-SP, enrolled with CPF/MF under N. 128.654.298-73, resident and domiciled in the city of Jundiaí, State of São Paulo, at Rua Antonio Lopes de Oliveira, 600.
Via Fed Ex March 27, 2008 Jeryl Hilleman, CFO Amyris Biotechnologies, Inc. Emeryville, CA 94608 RE: Amyris Biotechnologies | TriplePoint Capital — Executed Documents Dear Jeryl: Enclosed, please find the following documents for your files:Master Lease Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
AMENDMENT NO. 1 TO PLAIN ENGLISH WARRANT AGREEMENTPlain English Warrant Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
This Amendment No. 1 to Plain English Warrant Agreement (this “Amendment”) is made and entered into as of April 8, 2010 (the “Amendment Date”), by and among TriplePoint Capital LLC, a Delaware limited liability company (“TriplePoint”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
THIRD AMENDMENT TO LEASELease • April 16th, 2010 • Amyris Biotechnologies Inc
THIS THIRD AMENDMENT TO LEASE (the “Third Amendment”), dated as of July 31, 2008 (the “Effective Date”), is entered into by and between ES EAST ASSOCIATES, LLC, a California limited liability company (“Landlord”), and AMYRIS BIOTECHNOLOGIES, INC., a California corporation (“Tenant”), with reference to the following facts:
SECOND AMENDMENT TO LEASELease • April 16th, 2010 • Amyris Biotechnologies Inc
THIS SECOND AMENDMENT TO LEASE (the “Second Amendment”), dated as of February 5, 2010 (the “Effective Date”), is entered into by and between EMERYSTATION TRIANGLE, LLC, a California limited liability company (“Landlord”), and AMYRIS BIOTECHNOLOGIES, INC., a California corporation (“Tenant”), with reference to the following facts:
AMYRIS BIOTECHNOLOGIES, INC. STOCK PURCHASE AGREEMENT (FOR NON-U.S. EMPLOYEES)Stock Purchase Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
AGREEMENT made this day of , by and between Amyris Biotechnologies, Inc., a California corporation, and «First» «Last», Optionee under the Corporation’s 2005 Stock Option/Stock Issuance Plan.
AMENDMENT TO OFFER LETTER AGREEMENTOffer Letter Agreement • April 16th, 2010 • Amyris Biotechnologies Inc
This Amendment to the Offer Letter Agreement (this “Amendment”) is made and entered into as of December 18, 2008, by and among John G. Melo (“Executive”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
Re: Lease Between Emerystation Triangle, LLC and Amyris Biotechnologies, Inc. for Space Located at 5850 Hollis Street, Emeryville, CAAmyris Biotechnologies Inc • April 16th, 2010
Reference is made to that certain Lease being executed concurrently herewith (the “Lease”) between Emerystation Triangle, LLC, as Landlord, and Amyris Biotechnologies, Inc., as Tenant, for certain space within the building located at 5850 Hollis Street, Emeryville, California, as more particularly described in the Lease (the “Premises”). Capitalized terms used in this letter agreement and not defined herein will have the meanings given to them in the Lease.
AMENDMENT TO OFFER LETTER AGREEMENTOffer Letter Agreement • April 16th, 2010 • Amyris Biotechnologies Inc
This Amendment to the Offer Letter Agreement (this “Amendment”) is made and entered into as of December 19, 2008, by and among Joel R. Cherry (“Executive”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
AMENDMENT NO.1 TO AMENDED AND RESTATED PLAIN ENGLISH WARRANT AGREEMENTEnglish Warrant Agreement • April 16th, 2010 • Amyris Biotechnologies Inc • California
This Amendment No.1 to Amended and Restated Plain English Warrant Agreement (this “Amendment”) is made and entered into as of April 8, 2010 (the “Amendment Date”), by and among TriplePoint Capital LLC, a Delaware limited liability company (“TriplePoint”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
ContractStock Purchase Warrant • April 16th, 2010 • Amyris Biotechnologies Inc • California
NEITHER THIS WARRANT NOR THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NEITHER THIS WARRANT NOR THE SECURITIES ISSUABLE UPON EXERCISE HEREOF MAY BE TRANSFERRED EXCEPT (A) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND APPLICABLE STATE SECURITIES LAWS, OR (B) IN A TRANSACTION WHICH IS EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND APPLICABLE STATE SECURITIES LAWS.
ContractStock Purchase Warrant • April 16th, 2010 • Amyris Biotechnologies Inc
NEITHER THIS WARRANT NOR THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NEITHER THIS WARRANT NOR THE SECURITIES ISSUABLE UPON EXERCISE HEREOF MAY BE TRANSFERRED EXCEPT (A) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND APPLICABLE STATE SECURITIES LAWS, OR (B) IN A TRANSACTION WHICH IS EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND APPLICABLE STATE SECURITIES LAWS.
AMENDMENT NO. 1 TO STOCK PURCHASE WARRANTStock Purchase Warrant • April 16th, 2010 • Amyris Biotechnologies Inc • California
This Amendment No. 1 to Stock Purchase Warrant (this “Amendment”) is made and entered into as of April 8, 2010 (the “Amendment Date”), by and among Starfish, LLC (“Starfish”) and Amyris Biotechnologies, Inc., a California corporation (the “Company”).
