Omnibus Amendment No. 1 to Senior Secured Promissory Notes between Ivy Science & Technology Fund, Waddell & Reed Advisors Science & Technology Fund, Ivy Funds VIP Science & Technology, and Marrone Bio Innovations, Inc.

Contract Categories: Business Finance Note Agreements
Summary

This amendment, dated May 31, 2016, is between Marrone Bio Innovations, Inc. (the borrower) and three lenders: Ivy Science & Technology Fund, Waddell & Reed Advisors Science & Technology Fund, and Ivy Funds VIP Science & Technology. The agreement modifies the terms of previously issued senior secured promissory notes by deleting the section that required the borrower to maintain a minimum cash balance. All other terms of the original notes remain unchanged.

EX-10.1 2 d341514dex101.htm EX-10.1 EX-10.1

Exhibit 10.1

OMNIBUS AMENDMENT NO.1 TO NOTES

This Omnibus Amendment No. 1, dated as of May 31, 2016 (this “Amendment”), is made by and among Ivy Science & Technology Fund, Waddell & Reed Advisors Science & Technology Fund and Ivy Funds 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 a “Note”, collectively, the “Notes”) which Borrower has issued to the Lenders.

Each of the parties hereto do hereby agree that Section 5(ix) of the Notes (Minimum Cash Balance) is hereby deleted in its entirety.

 

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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 FUNDS VIP SCIENCE & TECHNOLOGY
By: Waddell & Reed 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:   Chief Financial Officer

 

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