amtx20240216

amtx20240216_8k.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): February 15, 2024

Aemetis, Inc.

(Exact name of registrant as specified in its charter)

Delaware	001-36475	26-1407544
State or other jurisdiction of incorporation	Commission File Number	IRS Employer Identification Number

20400 Stevens Creek Blvd., Suite 700

Cupertino, CA 95014

(408) 213-0940

(Registrant's address and telephone number of principal executive office)

N/A

(Former name or former address, if changed since last report)

Common Stock, par value $0.001	AMTX	NASDAQ Global Market
Title of class of registered securities	Trading Symbol	Name of exchange on which registered

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (240.12b-2 of this chapter)

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If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

Item 1.01 Entry into a Material Definitive Agreement

On February 15, 2024, Aemetis Advanced Fuels Keyes, Inc. and Aemetis Facility Keyes, Inc., each a subsidiary of Aemetis, Inc., provided written notice to Third Eye Capital Corporation to exercise their right to extend the maturity date of certain outstanding notes pursuant to the provisions of the "Limited Waiver and Amendment No. 27 to Amended and Restated Note Purchase Agreement" ("Note Amendment").

The written notice extended the maturity date of the notes described in the Note Amendment by one year, from April 1, 2024, to April 1, 2025, including the "Acquisition Notes," "Existing Notes," "Revenue Participation Notes," "Revolving Notes," and "Revolving Notes (Series B)" in each case as described in the Note Amendment. The aggregate amount due under these notes that is subject to the maturity date extension is $117.2 million as of January 31, 2024.

The foregoing discussion of the maturity date extension is qualified by the full text of the Note Amendment, which was previously filed as Exhibit 10.1 to the Quarterly Report on Form 10-Q filed August 4, 2023. The representations, warranties and covenants contained in the Note Amendment are only for purposes of such agreement and as of specific dates and are solely for the benefit of the parties to such agreement.

Item 9.01 Exhibits

Exhibit

Number Description of the Exhibit

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 16, 2024	/s/ Eric A. McAfee
	Eric A. McAfee
	Chair and Chief Executive Officer

Aemetis Inc. (DE) filed SEC Form 8-K: Entry into a Material Definitive Agreement, Financial Statements and Exhibits