Amendment No. 1, dated November 19, 2018, to Supply Agreement, dated December 28, 2017, between registrant and DSM Nutritional Products AG, as assignee of DSM Produtos Nutricionais Brasil S.A

Exhibit 10.36

IN ACCORDANCE WITH ITEM 601(b)(10)(iv) OF REGULATION S-K, CERTAIN CONFIDENTIAL INFORMATION HAS BEEN EXCLUDED FROM THIS DOCUMENT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED. THE CONFIDENTIAL INFORMATION IS DENOTED HEREIN BY [*].

AMENDMENT NO. 1 TO
SUPPLY AGREEMENT

This Amendment No. 1 to the Supply Agreement (this “Amendment”) is entered into as of November 19, 2018, between DSM Nutritional Products AG, Wurmisweg 576, 4303 Kaiseraugst, Switzerland , (hereinafter "DSM”) and Amyris, Inc., 5885 Hollis Street, Emeryville, CA 94608, USA (hereinafter “Amyris”) (each of DSM and Amyris hereinafter referred to as a “Party”, together referred to as the “Parties”).

WHEREAS, Amyris entered into a Supply Agreement, dated as of December 28, 2017, with DSM Produtos Nutricionais Brasil S.A. (the “Agreement”);

WHEREAS, on January 12, 2018, DSM Produtos Nutricionais Brasil S.A. assigned all of its rights, title and interest in the Agreement to its affiliate, DSM;

WHEREAS, the Parties desire to amend the Agreement; and

NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

“2.16. In consideration of DSM’s commitment to produce RebM for Amyris at the Facility for two (2) months of each calendar year during the term of this Agreement, Amyris shall pay to DSM a reservation fee the aggregate cash amount portion equal to seventeen million two hundred and eighty-six thousand dollars ($17,286,000) in calendar years 2018 and 2019 (the “Reservation Fee”). The Reservation Fee shall be used by DSM to allocate the required capacity of the Facility to enable the Facility to produce the Products in calendar years 2018, 2019 and 2020 according to the corresponding Product Forecast and as already outlined in the Supply Agreement.

Amyris shall pay the Reservation Fee to DSM according to the following payment schedule. In calendar year 2018, Amyris shall pay to DSM (or one or more of its affiliates, as designated in writing by DSM) an amount in cash equal to (i) three million five hundred thousand dollars ($3,500,000) no later than November 29, 2018. In calendar year 2019, Amyris shall pay to DSM by each of July 1, 2019 and December 15, 2019 an amount in cash equal to $6,893,000. For any payment set forth in this paragraph not made on time Amyris shall also pay DSM interest on such amount at a rate of 1.25% per month which shall accrue from the first day after the applicable payment was due.”

“(a) with respect to Non-Farnesene Products, until the date Amyris determines that the Amyris’s Brotas 2 facility is fully operational and meets its production targets, but in any event (i) no later than December 31, 2022, and (ii) subject to DSM’s obligations to honor the terms of the Novvi Contract and the Vitamin E Contract; and”

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[*] Certain portions denoted with an asterisk have been omitted.

IN WITNESS WHEREOF, DSM and Amyris have caused this Amendment to be executed as of the date first written above by their respective officers thereunto duly authorized.

IN WITNESS WHEREOF, DSM and Amyris have caused this Amendment to be executed as of the date first written above by their respective officers thereunto duly authorized.

Exhibit A

Securities Purchase Agreement

(see attached)