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18. Subsequent Events
12 Months Ended
Dec. 31, 2014
Subsequent Events [Abstract]  
18. Subsequent Events

Subordinated Notes

 

On January 1, 2015, the two accredited investors Subordinated Notes’ maturity was extended until the earlier of (i) June 30, 2015; (ii) completion of an equity financing by AAFK or Aemetis in an amount of not less than $25 million; (iii) the completion of an Initial Public Offering by AAFK or Aemetis; or (iv) after the occurrence of an Event of Default, including failure to pay interest or principal when due and breaches of note covenants.  A 10 percent cash extension fee was paid by adding the fee to the balance of the new Note and 116 thousand in common stock warrants were granted with a term of two years and an exercise price of $0.01 per share.

 

In February 2015, the Cagan related party promissory note was amended to extend the maturity date until the earlier of (i) December 31, 2016; (ii) completion of an equity financing by AAFK or Aemetis in an amount of not less than $25.0 million; (iii) the completion of an Initial Public Offering by AAFK or Aemetis; or (iv) after the occurrence of an Event of Default, including failure to pay interest or principal when due and breaches of note covenants.

 

Third Eye Capital Amendment

 

On March 12, 2015, Third Eye Capital agreed to Amendment No. 9 to the Note Purchase Agreement to allow for the repurchase of 1,000,000 shares of common stock of the Company effective as of the date of Amendment No. 9, 573,347 shares of which were repurchased at a price per share equal to $6.00 per share and the remainder of which were repurchased at a price per share equal to the higher of $4.50 per share or the five-day volume weighted average price of the Company’s common stock on the NASDAQ Global Market immediately prior to the date of Amendment No. 9, for an aggregate purchase price of approximately $5.5 million.  An extension of the credit facility allows for the repurchase price to be added to the outstanding principal balance of the existing notes under the Note Purchase Agreement. In addition, Third Eye Capital agreed to remove the covenant that the Company must complete an equity offering of its preferred stock for net proceeds of not less than $20 million with all of such net proceeds to be used to repay the principal outstanding under the Note Purchase.  In addition, Third Eye Capital waived the free cash flow financial covenant under the Note Purchase Agreement for the three months ending March 31, 2015.