AMENDED & RESTATED LIMITED GUARANTYLimited Guaranty • August 29th, 2018 • Aemetis, Inc • Industrial organic chemicals • New York
This AMENDED & RESTATED LIMITED GUARANTY (this “Limited Guaranty”), dated as of June 28, 2018, is made by AEMETIS, INC. (the “Parent Guarantor”) and Aemetis Advanced Products Keyes, Inc. (“AAPK” and collectively with the Parent Guarantor, the “Guarantors”), in favor of THIRD EYE CAPITAL CORPORATION, as administrative agent and collateral agent for and on behalf of the Noteholders (as defined in the Note Purchase Agreement referred to below) (in such aforesaid capacities, or any successor or assign in such capacities, the “Agent”).
AMENDMENT NO. 1 TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 29th, 2018 • Aemetis, Inc • Industrial organic chemicals
This Amendment No. 1 to Note Purchase Agreement (this “Amendment”), is dated as of June 28, 2018, by and among (i) GOODLAND ADVANCED FUELS, INC., a Delaware corporation (the “Borrower”) and (ii) THIRD EYE CAPITAL CORPORATION, an Ontario corporation, as agent for the Noteholders (the “Agent”), THIRD EYE CAPITAL CREDIT OPPORTUNITIES FUND – INSIGHT FUND, THIRD EYE CAPITAL ALTERNATIVE CREDIT TRUST, and MBI/TEC PRIVATE DEBT OPPORTUNITIES FUND I, L.P. (collectively, the “Noteholders”), and is acknowledged and agreed by the Guarantors, AEMETIS, INC., a Nevada corporation (“Parent”) and AEMETIS ADVANCED PRODUCTS KEYES, INC., a Delaware corporation (“AAPK”, together with the Parent and the Borrower, the “Obligors”).
