Attached files
file | filename |
---|---|
S-1/A - FORM S-1/A - Kior Inc | h80686a1sv1za.htm |
EX-3.4 - EX-3.4 - Kior Inc | h80686a1exv3w4.htm |
EX-3.1 - EX-3.1 - Kior Inc | h80686a1exv3w1.htm |
EX-4.2 - EX-4.2 - Kior Inc | h80686a1exv4w2.htm |
EX-3.3 - EX-3.3 - Kior Inc | h80686a1exv3w3.htm |
EX-4.9 - EX-4.9 - Kior Inc | h80686a1exv4w9.htm |
EX-1.1 - EX-1 - Kior Inc | h80686a1exv1w1.htm |
EX-4.7 - EX-4.7 - Kior Inc | h80686a1exv4w7.htm |
EX-3.2 - EX-3.2 - Kior Inc | h80686a1exv3w2.htm |
EX-4.8 - EX-4.8 - Kior Inc | h80686a1exv4w8.htm |
EX-23.1 - EX-23.1 - Kior Inc | h80686a1exv23w1.htm |
EX-10.9 - EX-10.9 - Kior Inc | h80686a1exv10w9.htm |
EX-21.1 - EX-21.1 - Kior Inc | h80686a1exv21w1.htm |
EX-10.7 - EX-10.7 - Kior Inc | h80686a1exv10w7.htm |
EX-4.14 - EX-4.14 - Kior Inc | h80686a1exv4w14.htm |
EX-4.11 - EX-4.11 - Kior Inc | h80686a1exv4w11.htm |
EX-10.8 - EX-10.8 - Kior Inc | h80686a1exv10w8.htm |
EX-4.13 - EX-4.13 - Kior Inc | h80686a1exv4w13.htm |
EX-4.10 - EX-4.10 - Kior Inc | h80686a1exv4w10.htm |
EX-10.10 - EX-10.10 - Kior Inc | h80686a1exv10w10.htm |
Exhibit 4.12
AMENDMENT NO. 01
Dated June 30, 2010
THIS AMENDMENT NO l (Amendment No. 1) to that certain Loan and Security Agreement No. 1452
dated as of January 27, 2010 (Agreement), by and between Lighthouse Capital Partners VI,
L.P., as Agent for the lenders identified on
Schedule A to the Agreement (such
lenders, together with their respective successors and assigns are referred to herein each
individually as a Lender and collectively as Lenders), the Lenders and Kior, Inc.
(Borrower).
(All capitalized terms not otherwise defined herein shall have the meanings given to such terms in
the Agreement.)
Without limiting or amending any other provisions of the Agreement, Lender and Borrower agree to
the following:
Section 6.10 of the Agreement, the following definition shall be deleted in its entirety and
replaced with the following:
6.10 Dissolution of Kior BV. Borrower shall not permit a Lien on the capital stock of Kior BV, or
pledge the stock certificates of Kior BV, in favor of any other party other than Lender and
Borrower shall take all steps necessary to dissolve the existence of Kior BV no later than October
31, 2010.
Execution and delivery of this Amendment constitutes a reaffirmation as of the date thereof of all
of the representations and warranties contained in the Agreement and the Loan Documents, as such
representations and warranties may be amended hereby.
Except as amended hereby, the Agreement remains unmodified and unchanged.
BORROWER: | AGENT: | |||||||||
Kior, Inc. | Lighthouse Capital Partners V, L.P. | |||||||||
By: Name: Title: |
/s/ George E. Staggs
Treasurer & Controller |
By: | Lighthouse management
Partners V, L.L.C., its general partner |
|||||||
By: Name: Title: |
/s/ Cristy Barnes
Managing Director |
|||||||||
Lenders: | ||||||||||
LEADER LENDING, LLC SERIES A | LEADER LENDING, LLC SERIES B | |||||||||
By: Name: |
/s/ Robert W. Molke
|
By: Name: |
/s/ Robert W. Molke
|
|||||||
Title:
|
Managing Director | Title: | Managing Director |
Lighthouse Capital Partners VI, L.P. | ||||||||
By:
|
Lighthouse Management Partners VI L.L.C., its general partner |
|||||||
By:
|
/s/ Cristy Barnes | |||||||
Name:
|
Cristy Barnes | |||||||
Title:
|
Managing Director |