AEMETIS INC
For the period ended Dec 31, 2023. Filed Mar 29, 2024.
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FY2023 · Filed Mar 29, 2024
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Item 9B. Other Information
(a) Current Reports
On* March 25, 2024,the Company entered intotwo* agreements with Third Eye Capital entitled "Limited Waiver and AmendmentNo. 28 to Amended and Restated Note Purchase Agreement" and "Seventh Amended and Restated Promissory Note." These agreements are described in Note4, Debt, and Note15, Subsequent Events, to the Consolidated Financial Reports in Item8 of this Report. Copies of thetwo agreements are included in this Report as Exhibits10.36 and10.37, respectively. The descriptions of thetwo documents in Item8 are only a summary and are qualified by the terms of the documents included in Exhibits10.36 and10.37.
(b) Adoption and Termination of Rule10b5*-1 Stock Trading Plans by Officers and Directors*
On* September 15, 2023,Francis P. Barton, a member of the Company's Board of Directors, adopted a trading arrangement for the sale of the Company's common stock (a "Rule10b5*-1 Trading Plan") that (i) became effective* December 15, 2023, (ii) has a term lasting until December 31, 2024, (iii) provides for the sale of up to 126,000 shares of common stock to be issued upon exercise of options currently held by Mr. Barton, (iv) sets a limit order designating the minimum price upon which sales mayoccur, and (v) is intended to satisfy the affirmative defense of Securities Exchange Act Rule10b5*-1(c).
On* September 15, 2023,Todd A. Waltz, Executive Vice President and Chief Financial Officer of the Company, adopted a Rule10b5*-1 Trading Plan that (i) took effect* January 1, 2024, (ii) terminates June 15, 2025, (iii) provides for the sale of up to 475,000 shares of common stock to be issued upon the exercise of options currently held by Mr. Waltz, (iv) contains multiple limit orders designating the minimum prices upon which sales mayoccur, and (v) is intended to satisfy the affirmative defense of Securities Exchange Act Rule10b5*-1(c). Mr. Waltz's newly adopted plan replaces a previously adopted plan that expired on* December 31, 2023,and provided for the sale of up to475,000* shares on limit order terms.No shares were transacted under the expired plan.
On* November 13, 2023,Andrew B. Foster, Executive Vice President and Chief Operating Officer of the Company, adopted a Rule10b5*-1 Trading Plan that (i) took effect* February 14, 2024, (ii) has a term lasting until December 31, 2024, (iii) provides for the sale of up to 199,616 shares of common stock to be issued upon exercise of options currently held by Mr. Foster, (iv) contains multiple limit orders designating the minimum prices upon which sales mayoccur, and (v) is intended to satisfy the affirmative defense conditions of Securities Exchange Act Rule10b5*-1(c). Mr. Foster's newly adopted Rule10b5-1 Trading Plan replaces a previously adopted plan that expired on* December 31, 2023,and provided for the sale of96,000* shares of common stock on limit order terms.No shares were transacted under the expired plan.
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