AEMETIS, INC. Common Stock (par value $0.001 per share) At Market Issuance Sales AgreementAemetis, Inc • March 29th, 2016 • Industrial organic chemicals • New York
Aemetis, Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co. (“FBR”) and MLV & Co. LLC (“MLV”; each of FBR and MLV individually a “Distribution Agent” and collectively the “Distribution Agents”) as follows:
STRICTLY PRIVATE AND CONFIDENTIALPrivate and Confidential • March 29th, 2016 • Aemetis, Inc • Industrial organic chemicals • Ontario
This letter (the “Letter of Intent”) confirms our understanding of the terms of the purchase and sale of the Goodland Plant, as more particularly described in paragraph 1 below (the "Purchased Assets"). It is our understanding that the contemplated purchase transaction (the "Transaction") will be substantially on the basis set out herein; it is understood and agreed that the terms of the Transaction will be definitively set out in an agreement of purchase and sale as described in paragraph 4 below and that this Letter of Intent shall be a binding agreement upon you or us, except to the extent otherwise specifically provided herein.
LIMITED WAIVER AND AMENDMENT NO. 12 TO AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 29th, 2016 • Aemetis, Inc • Industrial organic chemicals
This Limited Waiver and Amendment No. 12 to Amended and Restated Note Purchase Agreement (this “Amendment”), is dated as of March 21, 2016, 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 (“Administrative Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND – INSIGHT FUND (“TEC Insight Fund Purchaser”), SPROTT PC TRUST (“Sprott PC Trust Purchaser”) and SPROTT PRIVATE CREDIT TRUST (“Sprott Private Credit Trust Purchaser”), and together with TEC Insight Fund Purchaser and Sprott PC Trust Purchaser, “Noteholders”).
