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.
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.
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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