AEMETIS, INC. Item 1.01 Entry into a Material Definitive Agreement.
Second Amendment to the Amended and Restated Aemetis Keyes Grain Procurement and Working Capital Agreement
On
Pursuant to the Second Procurement Agreement Amendment Aemetis Keyes agreed to
pay to Heiskell, in addition to all other payments owed to Heiskell, the sum of
the equivalent of four days of Grain payable in daily equal installments over
one hundred twenty days (120) days or
Aemetis Keyes also agreed to pay, in addition to all other payments owed to
Heiskell,
In connection with the entry into the Second Procurement Agreement Amendment,
Aemetis Keyes delivered to Heiskell warrants to purchase one hundred thousand
(100,000) shares of the common stock of
Neither the Heiskell Warrants nor the Aemetis Common Shares issuable upon the exercise of the Heiskell Warrants (the "Warrant Shares") are registered under the Securities Act of 1933, as amended (the "Securities Act"). The Heiskell Warrants and the Warrant Shares were issued in reliance on the exemptions from registration provided by Section 4(a)(2) under the Securities Act.
The foregoing description of the Second Procurement Agreement Amendment is qualified in its entirety by reference to the Second Procurement Agreement Amendment attached hereto as Exhibit 10.1, which is incorporated herein by reference.
Second Amendment to the Amended and Restated Heiskell Purchasing Agreement
On
Pursuant to the Second Purchasing Agreement Amendment, Aemetis Keyes agreed to
grant Heiskell exclusive rights to purchase wet distiller grains, condensed
distillers solubles, corn oil, and ethanol produced from the
The foregoing description of the Second Purchasing Agreement Amendment is qualified in its entirety by reference to the Second Purchasing Agreement Amendment attached hereto as Exhibit 10.2, which is incorporated herein by reference.
Second Amendment to the Keyes Ethanol and Corn
In connection with the entry into the Second Procurement Agreement Amendment and
the Second Purchase Agreement Amendment, on
Pursuant to the Second Lease Amendment, Aemetis Keyes agreed to lease certain
additional tanks located at the
The foregoing description of the Second Lease Amendment is qualified in its entirety by reference to the Second Lease Amendment attached hereto as Exhibit 10.3, which is incorporated herein by reference.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant
To the extent required, the information set forth in Item 1.01 of this Current Report on Form 8-K is incorporated into this Item 2.03 by reference.
Item 3.02 Unregistered Sales of
The information set forth in Item 1.01 above related to the Heiskell Warrants and the Warrant Shares is incorporated herein by reference into this Item 3.02.
Item 9.01 Financial Statements and Exhibits. (d) Exhibits. Exhibit Number Description of the Exhibit
10.1 Second Amendment to the
Amended and Restated Aemetis
Keyes Grain Procurement and
Working Capital Agreement,
dated as of May 25, 2023 , by
and between Aemetis Advanced
Fuels Keyes, Inc. and J.D.
Heiskell Holdings LLC
10.2 Second Amendment to the
Amended and Restated
Heiskell Purchasing
Agreement, dated as of May
25, 2023 , by and between
Aemetis Advanced Fuels
Keyes, Inc. and J.D.
Heiskell Holdings, LLC
10.3 Second Amendment to the
Keyes Ethanol and Corn Tank
Lease , dated as of May 25,
2023 , by and between Aemetis
Advanced Fuel Keyes, Inc.
and J.D. Heiskell Holdings ,
LLC104 Cover Page Interactive Data
File (embedded within the
Inline XBRL document)
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