This Amendment No. 16 (Amendment No. 16) to Schedule 13D amends
the statement on Schedule 13D filed with the United States Securities and Exchange Commission on October 30, 2017, as amended by Amendment No. 1 thereto filed on August 28, 2018, Amendment No. 2 thereto filed on July 18,
2019, Amendment No. 3 thereto filed on September 8, 2022, Amendment No. 4 thereto filed on September 15, 2022, Amendment No. 5 thereto filed on January 9, 2023, Amendment No. 6 thereto filed on March 17, 2023,
Amendment No. 7 thereto filed on May 24, 2023, Amendment No. 8 thereto filed on June 9, 2023, Amendment No. 9 thereto filed on June 30, 2023, Amendment No. 10 thereto filed on August 3, 2023, Amendment
No. 11 thereto filed on August 10, 2023, Amendment No. 12 thereto filed on September 20, 2023, Amendment No. 13 thereto filed on October 2, 2023, Amendment No. 14 thereto filed on October 5, 2023 and Amendment
No. 15 thereto filed on October 16, 2023 (collectively and as amended, the Schedule 13D), relating to the Common Stock. This Amendment No. 16 is being filed by Foris Ventures, LLC, Vallejo Ventures Trust, L. John
Doerr, Ann Doerr, and Barbara Hager (collectively, the Reporting Persons).
The Items below amend the information disclosed under the
corresponding Items of the Schedule 13D as described below. Except as specifically provided herein, this Amendment No. 16 does not modify any of the information previously reported in the Schedule 13D.
ITEM 4. PURPOSE OF TRANSACTION.
Item 4 of the
Schedule 13D is supplemented by the following:
As previously reported, on August 9, 2023, the Company and certain of its direct and indirect
subsidiaries (collectively, the Company Parties or the Debtors) filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code) in the United
States Bankruptcy Court for the District of Delaware (the Bankruptcy Court), thereby commencing Chapter 11 cases for the Company Parties (the Chapter 11 Cases). The Company Parties continue to operate their
business as debtors in possession under the jurisdiction of the Bankruptcy Court and in accordance with the applicable provisions of the Bankruptcy Code and orders of the Bankruptcy Court.
Amended Plan Support Agreement
On
December 12, 2023, the Debtors entered into an amendment to and restatement of that certain Plan Support Agreement, dated October 12, 2023 (together with all exhibits and schedules thereto, the PSA and as amended,
restated, supplemented or otherwise modified from time to time, the Amended PSA), by and among certain of the Debtors secured creditors, including FV and Euagore LLC, Anesma Group, LLC, Anjo Ventures, LLC, Perrara and
Muirisc, LLC, each affiliates of FV, as well as certain holders of the Companys outstanding convertible notes, and the Official Committee of Unsecured Creditors (collectively, the Consenting Parties). The Amended PSA,
together with the amended plan attached as an exhibit to, and incorporated into, the Amended PSA, provide the framework for a plan of reorganization (the Amended Plan). Pursuant to the Amended PSA, the parties agreed, among other
matters, including those previously agreed to in the PSA, to (i) extend certain milestones, as described below, (ii) provide for certain covenants applicable to the Consenting Convertible Noteholders and the Creditors Committee,
(iii) include a covenant that the Debtors will not directly or indirectly seek, solicit, encourage, propose, file, support, consent to, or vote for, or enter into or participate in any discussions, agreements, understandings or other
arrangements with any Person regarding, or pursue or consummate, any Alternative Restructuring Proposal and (iv) remove or revise certain termination events.
The Amended PSA further provides that the Debtors will achieve certain additional milestones and extended certain existing milestones, including:
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i. |
By no later than December 12, 2023, the Debtors and the DIP Secured Parties will agree on an amended
Approved Budget and corresponding amendments to the DIP Loan Documents; |
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ii. |
by no later than December 8, 2023, the Debtors will have commenced the sale and marketing process for the
Other Amyris Assets; |
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iii. |
by no later than December 20, 2023, the Bankruptcy Court shall have entered the order approving the Other
Assets Bidding Procedures; |