definiens: means ( i ) the notes issued pursuant to the Indenture dated as of March 28, 2007, entered into between DiversaCorporation ( predecessor - in - interest to [COMPANY] Biofuels ) and Wells Fargo Bank, National Association, as trustee, for theissuance of 5.50 % convertible senior notes due 2027, ( ii ) each Amended and Restated Senior Convertible Note due 2012issued by the Company, the form of which was filed as Exhibit 10.1 to the Company ’s Form 8 - K for the period ending July 1,2009, ( iii ) the notes issued pursuant to the Indenture dated as of September 1, 2009, entered into between the Company andWells Fargo Bank, National Association, as trustee, for the issuance of 9.00 % convertible senior secured notes due 2027, and(iv ) the documents referenced therein or contemplated thereby