Omnibus Amendment No. 3 to Senior Secured Promissory Notes between Marrone Bio Innovations, Inc. and Lenders

Contract Categories: Business Finance Note Agreements
Summary

This amendment, dated October 23, 2017, is between Marrone Bio Innovations, Inc. (the Borrower) and several funds managed by Ivy Investment Management and Waddell & Reed (the Lenders). It modifies the terms of previously issued senior secured promissory notes by updating the definition of "Permitted Indebtedness" to specifically allow certain debt owed to Ospraie Management, LLC under an amended and restated promissory note. All other terms of the original notes remain unchanged.

EX-10.20 6 ex10-20c.htm

 

Exhibit 10.20(c)

 

OMNIBUS Amendment No. 3 to NOTES

 

This Omnibus Amendment No. 3, dated as of October 23, 2017 (this “Amendment”), is made by and among Ivy Science & Technology Fund, Waddell & Reed Advisors Science & Technology Fund and Ivy VIP Science & Technology (each, a “Lender” and together, the “Lenders”), and Marrone Bio Innovations, Inc. (the “Borrower”), with respect to those certain senior secured promissory notes, dated August 20, 2015 (each as amended, modified, renewed, extended or amended, restated, or replaced from time to time, a “Note”, and collectively, the “Notes”) which Borrower has issued to the Lenders.

 

The parties hereto understand and agree that the clause (xix) of the definition of “Permitted Indebtedness” in Annex I (Definitions) of each Note is hereby amended and restated in its entirety as follows: “(xix) Indebtedness of the Borrower owing to Ospraie Management, LLC (and its successors and assigns) from time to time under the Amended and Restated Promissory Note, originally issued on October 12, 2017 and amended and restated on or about the date hereof, and all other obligations incurred thereunder, and any similar term in any amendment, restatement, modification, replacement, refinancing, refunding, renewal or extension thereof.”

 

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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first above written.

 

  LENDER:
     
  IVY SCIENCE & TECHNOLOGY FUND
  By: Ivy Investment Management Company, its Manager
     
  By: /s/ Zachary H. Shafran
  Name: Zachary H. Shafran
  Title: SVP
     
  WADDELL & REED ADVISORS SCIENCE & TECHNOLOGY FUND
  By: Waddell & Reed Investment Management Company, its Manager
     
  By: /s/ Zachary H. Shafran
  Name: Zachary H. Shafran
  Title: SVP
     
  IVY VIP SCIENCE & TECHNOLOGY
  By: Ivy Investment Management Company, its Manager
     
  By: /s/ Zachary H. Shafran
  Name: Zachary H. Shafran
  Title: SVP
     
  BORROWER:
     
  MARRONE BIO INNOVATIONS, INC.
     
  By: /s/ James B. Boyd
  Name: James B. Boyd
  Title: President and Chief Financial Officer

 

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