Amyris, Inc. (NASDAQ:AMRS) Files An 8-K Entry into a Material Definitive AgreementItem 2.03
The information contained in Item 2.03 below is incorporated by reference into this Item 2.03.
| Item 2.03 | Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant. |
As previously reported, on April 13, 2017, Amyris, Inc. (the “Company”) entered into a securities purchase agreement (the “Purchase Agreement”) with a private investor (the “Purchaser”) relating to the sale of up to $15.0 million aggregate principal amount of convertible notes (“Notes”), and on May 2, 2017, the Company and the Purchaser entered into an Amendment Agreement (the “Amendment Agreement”) with respect to the Purchase Agreement and the Notes, to which the Company and the Purchaser agreed, among other things, to amend the Notes (as so amended, the “Amended and Restated Notes”). The entry into the Purchase Agreement and the Amendment Agreement, and the issuance of $10.0 million in aggregate principal amount of Notes thereunder, were previously reported in Current Reports on Form 8-K filed by the Company with the Securities and Exchange Commission on April 17, 2017 (the “April 8-K”), May 8, 2017 (the “May 8-K”) and July 7, 2017, which are incorporated herein by reference.
On December 5, 2017, in connection with the Purchaser exercising its right to purchase the remaining Notes under the Purchase Agreement, the Company issued and sold to the Purchaser an Amended and Restated Note in the principal amount of $5.0 million (the “$5 Million Note”), resulting in proceeds to the Company of $5.0 million. In connection with the Purchaser granting certain waivers under the Purchase Agreement and the securities purchase agreement, dated as of December 1, 2016, between the Company and the Purchaser, the parties agreed to provide for a maturity date of June 1, 2018 (the “Maturity Date”) for the $5 Million Note. Upon issuance of the $5 Million Note, all of the Notes provided for in the Purchase Agreement had been issued and sold.
The foregoing description of the $5 Million Note, other than with respect to the Maturity Date, is qualified in its entirety by reference to the description of the Notes contained in the April 8-K and the Form of Amended and Restated April 2017 Note filed as Exhibit 4.2 to the May 8-K, which are incorporated herein by reference.
This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy the securities discussed herein, nor shall there be any offer, solicitation or sale of the securities in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such state.
About Amyris, Inc. (NASDAQ:AMRS)
Amyris, Inc. is an integrated industrial biotechnology company. The Company is engaged in research and development and sales of fuels and farnesene-derived products. It is applying its industrial synthetic biology platform to engineer, manufacture and sell products into a range of consumer and industrial markets, including cosmetics, flavors and fragrances (F&F), solvents and cleaners, polymers, lubricants, healthcare products and fuels. The Company focuses on a renewable hydrocarbon molecule called farnesene (Biofene). The Company is expanding its range of products across various categories divided into consumer and industrial applications. For consumer applications, the Company is developing and selling personal care products (which include ingredients for cosmetics and F&F), healthcare products and formulated end user products, such as Biossance brand skincare products and Muck Daddy brand hand cleaner product.