AE ADVANCED FUELS, INC. NOTE PURCHASE AGREEMENTNote Purchase Agreement • October 23rd, 2012 • Aemetis, Inc • Industrial organic chemicals • California
This NOTE PURCHASE AGREEMENT (this “Agreement”) is made as of the 4th day ofMarch, 2011, amended January 19, 2012, and July 24, 2012by and among Aemetis, Inc., a Nevada corporation (“Aemetis” or “Parent” or “AE”)(formerly “AE Biofuels, Inc.”) and AE Advanced Fuels, Inc., a Delaware corporation and wholly-owned subsidiary of Aemetis(the “Company”) on the one hand, and Advanced BioEnergy, LP, a California limited partnership (the “Purchaser”) and Advanced BioEnergy GP, LLC, a California limited liability company and the general partner of the Purchaser (the “General Partner”), on the other hand.
AMENDMENT NO. 1 TO REVOLVING LINE OF CREDIT AGREEMENTCredit Agreement • October 23rd, 2012 • Aemetis, Inc • Industrial organic chemicals
This Amendment No. 1 to Revolving Line of Credit Agreement between AEMETIS INTERNATIONAL INC., (formerly known as “International Biodiesel, Inc.”), a Nevada corporation (the “Company”) and LAIRD Q. CAGAN ("Lender”) is entered into October 16, 2012 and effective as of July 1, 2012 (the "Amendment”).
LIMITED WAIVER AND AMENDMENT NO. 1Note Purchase Agreement • October 23rd, 2012 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 1 to Amended and Restated Note Purchase Agreement (this “Amendment”), dated as of October 18, 2012 and made effective as of October 1, 2012, is made by and among (i) AEMETIS ADVANCED FUELS KEYES, INC. (f/k/a AE Advanced Fuels Keyes, Inc.), a Delaware corporation (“AEAFK”), AEMETIS FACILITY KEYES, INC., a Delaware corporation and successor-in-interest to Keyes Facility Acquisition Corp., a Delaware corporation (“Keyes Facility”, together with AEAFK, the “Borrowers”), AEMETIS, INC. (formerly known as AE Biofuels, Inc.), a Nevada corporation (“Parent”), and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Noteholders (“Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND - INSIGHT FUND (“TEC Insight Fund Purchaser”) and SPROTT PC TRUST (“Sprott PC Trust Purchaser,” and together with TEC Insight Fund Purchaser, “Noteholders”).
