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Agreements

6 Months Ended

Jun. 30, 2022

9. Agreements

Working Capital Arrangement. Pursuant to a Corn Procurement and Working Capital Agreement with J.D. Heiskell, the Company agreed to procure whole yellow corn and grain sorghum, primarily from J.D. Heiskell. The Company has the ability to obtain grain from other sources subject to certain conditions; however, in the past all the Company’s grain purchases have been from J.D. Heiskell. Title and risk of loss of the corn pass to the Company when the corn is deposited into the Keyes Plant weigh bin. The term of the Corn Procurement and Working Capital Agreement expires on December 31, 2022 and the term can be automatically renewed for additional one-year terms. WDG continues to be sold to A.L.Gilbert and DCO is sold to other customers under the J.D.Heiskell Purchase Agreement. The Company’s relationships with J.D. Heiskell, and A.L. Gilbert are well established, and the Company believes that the relationships are beneficial to all parties involved in utilizing the distribution logistics, reaching out to widespread customer base, managing inventory, and building working capital relationships. These agreements are ordinary purchase and sale agency agreements for the Keyes Plant. On May 13, 2020, J.D. Heiskell and the Company entered into Amendment No.1 to the J.D. Heiskell Purchasing Agreement to remove J.D. Heiskell’s obligations to purchase ethanol from the Company under the J.D. Heiskell Purchasing Agreement.

As of June 30, 2022 and December 31, 2021, Aemetis had prepayments to J.D. Heiskell of $1.7 million and $4.0 million, respectively.

The J.D. Heiskell sales and purchases activity associated with the J.D. Heiskell Purchase Agreement and J.D. Heiskell Procurement Agreement during the three and six months ended June 30, 2022 and 2021 were as follows:

	As of and for the three months ended June 30,				As of and for the six months ended June 30,
	2022		2021		2022		2021
Wet distiller's grains sales	$	15,150	$	10,630		26,666		21,665
Corn oil sales		2,812		1,695		5,150		2,737
Corn purchases		54,352		42,166		98,362		80,159
Accounts receivable		232		65		232		65
Accounts payable		612		509		612		509

Ethanol and Wet Distillers Grains Marketing Arrangement. The Company entered into an Ethanol Marketing Agreement with Kinergy and a Wet Distillers Grains Marketing Agreement with A.L. Gilbert. Under the terms of the agreements the Wet Distillers Grains Marketing Agreement matures on December 31, 2022 with automatic one-year renewals thereafter. We terminated the Ethanol Marketing Agreement with Kinergy as of September 30, 2021. Effective October 1, 2021, we entered into Fuel Ethanol Purchase and Sale Agreement with Murex. Under the terms of the agreement, the initial term matures on October 31, 2023 with automatic one-year renewals thereafter.

Accounts receivable associated with our marketing partners was $0.6 million and $1.2 million as of June 30, 2022 and December 31, 2021.

For the three months ended June 31, 2022 and 2021, the Company expensed marketing costs of $0.8 million and $0.7 million, respectively, and for the six months ended June 30, 2022 and 2021, the Company expensed marketing costs of $1.5 million and $1.4 million, respectively, under the terms of both the Ethanol Marketing Agreement and the Wet Distillers Grains Marketing Agreement. These marketing costs are and are presented as a part of Selling, General, and Administration expense.

As of June 30, 2022 and 2021, the Company has no forward sales commitments.