Amyris, Inc. (NASDAQ:AMRS) Files An 8-K Entry into a Material Definitive Agreement
Item 1.01

As previously reported, Amyris, Inc. (the “Company”) is party to a Loan and Security Agreement, dated June 29, 2018, as subsequently amended on August 24, 2018 and November 14, 2018 (as amended, the “LSA”), by and among the Company, certain of its subsidiaries and GACP Finance Co., LLC (“GACP”), as administrative agent and lender. The provisions of the LSA were previously reported in a Current Report on Form 8-K filed by the Company with the Securities and Exchange Commission (the “SEC”) on July 2, 2018 and in Note 4, “Debt” in Part I, Item 1 of the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2018, filed with the SEC on November 15, 2018 (the “10-Q”) and in Part II, Item 5 of the 10-Q, and all of such disclosure is incorporated herein by reference.

On December 14, 2018, the Company, certain of its subsidiaries and GACP entered into a third amendment to the LSA (the “Amendment”), to which the parties agreed to remove certain Company intellectual property from the lien granted by the Company to GACP under the LSA and to increase the interest rate from the sum of (i) the greater of (A) the prime rate as reported in the Wall Street Journal or (B)4.0% plus (ii)8.25% to the sum of (i) the greater of (A) the prime rate as reported in the Wall Street Journal or (B)4.75% plus (ii)9.00%.

See Item 7.01 below for information regarding the impact of the Amendment on the Company’s previously reported agreements with affiliates of Koninklijke DSM N.V.(collectively, “DSM”).

As previously reported, on November 19, 2018, the Company and DSM entered into a letter agreement (the “Letter Agreement”), to which the Company agreed (i) to cause the removal of certain existing liens on intellectual property owned by the Company and licensed to DSM (the “Subject Intellectual Property”) and (ii) if such liens were not removed prior to December 15, 2018, to issue to DSM shares of the Company’s common stock with a value equal to $5,000,000. The entry into the Letter Agreement and related matters were previously reported in a Current Report on Form 8-K filed by the Company with the SEC on November 26, 2018, which disclosure is incorporated herein by reference.

As a result of the entry into the Amendment, the Company satisfied its obligations under the Letter Agreement to remove certain existing liens on the Subject Intellectual Property, and therefore the Company is not required to issue shares of its common stock (or otherwise make payment) to DSM to the Letter Agreement.

The information in this Item 7.01 is furnished to the rules and regulations of the SEC and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

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.