Aemetis Reports Material Agreement and New Financial Obligation

TL;DR

**Aemetis just filed an 8-K about a new material agreement and financial obligation, but the key details aren't in this snippet.**

AI Summary

Aemetis, Inc. filed an 8-K on February 14, 2024, reporting an event that occurred on February 8, 2024. The filing indicates the company entered into a material definitive agreement and created a direct financial obligation. Specific details regarding the nature of the agreement, the parties involved, or any associated dollar amounts are not provided in this excerpt of the filing.

Why It Matters

This filing signals a significant corporate action for Aemetis, Inc., involving a new agreement and potential debt, which could impact its financial structure and future operations. The full implications are unclear without the specific terms of the agreement and obligation.

Risk Assessment

Risk Level: medium — The filing indicates a new material agreement and financial obligation, the specifics of which are not disclosed, making the potential impact on the company's financial health and operations uncertain.

Key Numbers

• February 8, 2024 — Earliest Event Date (Date of the reported material event)
• February 14, 2024 — Filing Date (Date the 8-K was filed)

Key Players & Entities

• Aemetis, Inc. (company) — registrant
• United States Securities and Exchange Commission (company) — regulatory body

FAQ

Key Financial Figures

• $0.001 — ich registered Common Stock, par value $0.001 AMTX NASDAQ Global Market Check t
• $108,000,000 — (ii) changes the redemption price from $108,000,000 to $111,000,000, including fees; and (i
• $111,000,000 — e redemption price from $108,000,000 to $111,000,000, including fees; and (iii) updates the

Filing Documents

• amtx20240210_8k.htm (8-K) — 27KB
• ex_624989.htm (EX-10.1) — 147KB
• 0001437749-24-004179.txt ( ) — 334KB
• amtx-20240208.xsd (EX-101.SCH) — 3KB
• amtx-20240208_def.xml (EX-101.DEF) — 11KB
• amtx-20240208_lab.xml (EX-101.LAB) — 15KB
• amtx-20240208_pre.xml (EX-101.PRE) — 11KB
• amtx20240210_8k_htm.xml (XML) — 3KB

01 Entry into a Material Definitive Agreement

Item 1.01 Entry into a Material Definitive Agreement On February 8, 2024, Aemetis Biogas LLC (" ABGL "), a subsidiary of Aemetis, Inc., entered into a "Fifth Waiver and Amendment to Series A Preferred Unit Purchase Agreement" (" PUPA Amendment ") with Protair-X Aemericas, Inc. (" Purchaser ") and Third Eye Capital Corporation. The PUPA Amendment modifies the Series A Preferred Unit Purchase Agreement entered by the parties on December 20, 2018, in connection with Purchaser's acquisition of Series A Preferred Units issued by ABGL to finance construction of dairy digesters and related equipment. The PUPA Amendment (i) extends the date for ABGL to redeem all of the Series A Preferred Units owned by Purchaser by four months from December 31, 2023, to April 30, 2024; (ii) changes the redemption price from $108,000,000 to $111,000,000, including fees; and (iii) updates the form of Credit Agreement (" Credit Agreement ") to be entered by the parties if ABGL does not redeem the Series A Preferred Units by April 30, 2024. Aemetis, Inc. and several of its subsidiaries also signed the PUPA Amendment to acknowledge their obligation to provide guarantees and security interests pursuant to the Credit Agreement. If executed, the Credit Agreement would have an effective date of May 1, 2024, a principal amount of $111,000,000, a maturity date of April 30, 2025, and an annual interest rate equal to the greater of (i) prime rate plus 10% or (ii) 16%. Interest under the Credit Agreement may either be paid monthly or capitalized into the total amount due. The foregoing description of the PUPA Amendment is not intended to be complete and is qualified in its entirety by reference to the full text of the PUPA Amendment and attached form of Credit Agreement that are filed as Exhibit Number 10.1 to this Current Report on Form 8-K and incorporated by reference into this Item 1.01. The representations, warranties and covenants contained in the PUPA Agreement and Credit Agreement are only f

03 Creation of a Direct Financial Obligation

Item 2.03 Creation of a Direct Financial Obligation To the extent required, the information in Item 1.01 of this Current Report on Form 8-K is incorporated into this Item 2.03 by reference.

01 Exhibits

Item 9.01 Exhibits Exhibit Number Description of the Exhibit 10.1 Fifth Waiver and Amendment to Series A Preferred Unit Purchase Agreement, dated February 8, 2024, between Aemetis Biogas LLC, Protair-X Americas Inc., and Third Eye Capital Corporation 104 Cover Page Interactive Data File (embedded within the Inline XBRL document) SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. AEMETIS, INC. February 14, 2024 /s/ Eric A. McAfee Eric A. McAfee Chair and Chief Executive Officer

View Full Filing

View this 8-K filing on SEC EDGAR