Attached files
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| EX-99.1 - PRESS RELEASE - AEMETIS, INC | amtx_ex991.htm |
| EX-10.1 - FUEL ETHANOL PURCHASE AND SALE AGREEMENT, DATED AS OF JUNE 9, 2021 - AEMETIS, INC | amtx_ex101.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): June 9,
2021
AEMETIS, INC.
(Exact name of registrant as specified in its charter)
______________
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Nevada
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001-36475
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26-1407544
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.)
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20400 Stevens Creek Blvd., Suite 700
Cupertino, California 95014
(Address of Principal Executive Office) (Zip Code)
(408) 213-0940
(Registrant’s telephone number, including area
code)
N/A
(Former name or former address, if changed since last
report)
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Title of class of registered securities
Common Stock, par value $0.001 per share
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Ticker Symbol
AMTX
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Name of exchange on which registered
NASDAQ
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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 (see General Instruction A.2.
below):
☐
Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
☐
Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
☐
Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
☐
Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 1.01 Entry into a Material Definitive
Agreement.
Fuel Ethanol Purchase and Sale Agreement
On June 9, 2021, Aemetis Advanced Fuels Keyes, Inc. (the
“Seller”),
a wholly owned subsidiary of Aemetis, Inc. (the
“Company”),
entered into a Fuel
Ethanol Purchase and Sale Agreement (the “Agreement”)
with Murex, LLC, a
Texas limited liability company (the “Buyer”)
effective October 1, 2021.
Under the Agreement, the Seller has agreed to sell to the Buyer,
and the Buyer has agreed to buy from the Seller, all of Fuel
Ethanol and Cellulosic Ethanol produced from the Company’s
ethanol production plant located in Keyes, California or the
Company’s ethanol production plant located in Riverbank,
California (together, the “Plants”).
The Seller retains the exclusive right to separately market and
sell all non-Fuel Ethanol produced at the Plants. The initial term
of the Agreement is twenty-four (24) months, followed by renewal
terms of one (1) year each that renew automatically unless a notice
is given by either party at least ninety (90) days prior to the end
of the ongoing term. The Buyer will pay the Seller the actual sale price invoiced
by the Buyer to its third-party customer for sales of Fuel Ethanol
less expenses and a commission fee. The Agreement also
contains provisions addressing other matters, including quantity
calculation, treatment of Renewable Identification Numbers
and Low Carbon Fuel Standard Credits,
quality requirement and auditing of records.
The Agreement contains representations, warranties, and indemnity
obligations customary for agreements of this type.
The
summary of the Agreement in this Current Report does not purport to
be complete and is qualified in its entirety by reference to the
Agreement, which is filed as Exhibit 10.1 hereto. Capitalized but
undefined terms shall have the meaning set forth in the
Agreement.
On June 14, 2021, the Company issued a press
release announcing the entry into the Fuel Ethanol Purchase
and Sale Agreement as disclosed under Item 1.01 of this
Current Report. A copy of the press release is
attached hereto as Exhibit 99.1 to this Current Report and is
incorporated herein by reference. The information contained herein
and the attached Exhibit 99.1 are furnished under this Item 7.01 of
this Current Report and is furnished to, but for purposes of
Section 18 of the Securities Exchange Act of 1934, shall not be
deemed filed with, the Securities and Exchange Commission. The
information contained herein and in the accompanying Exhibit 99.1
shall not be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless
of any general incorporation language in such filing, unless
expressly incorporated therein.
Item 9.01 Financial Statements
and Exhibits.
(d)
Exhibits.
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Exhibit
Number
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Description of the Exhibit
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10.1*+
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Fuel
Ethanol Purchase and Sale Agreement, dated as of June 9,
2021
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Press
Release, dated June 14, 2021
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* Schedules and exhibits to the Agreement have been omitted
pursuant to Item 601(a)(5) of Regulation S-K. A copy of any
omitted schedule and/or exhibit will be furnished to the Securities
and Exchange Commission upon request.
+ Certain portions of this exhibit are omitted because they are not
material and would likely cause competitive harm to the Company if
publicly disclosed.
SIGNATURES
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.
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Aemetis, Inc.
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June
14, 2021
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By:
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/s/ Eric
A. McAfee
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Eric A. McAfee
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Chief Executive Officer
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