DATE: MARCH 29, 2013 FROM: THIRD EYE CAPITAL CORPORATION TO: MR. ERIC McAFEE, CHAIRMAN & CEO AEMETIS ADVANCED FUELS KEYES, INC.Aemetis, Inc • April 16th, 2013 • Industrial organic chemicals
You have requested, and we have agreed to arrange, a special bridge advance of Revolving Notes in the amount of $2,000,000 (the “Special Bridge Advance”) on the following terms:
LIMITED WAIVER AND AMENDMENT NO. 3 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • April 16th, 2013 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 3 to Amended and Restated Note Purchase Agreement (this “Amendment”), dated as of April 15, 2013, 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”).
