Amendment No. 2 to Uncommitted Facility Letter dated March 8, 2010



 Exhibit 10.04 

March 8, 2010 
 Amyris
Fuels, LLC 
 5885 Hollis St., Suite 100 

Emeryville, CA 94608 
  

			
	Attention:	  	  Jeri Hilleman, CFO, Amyris Biotechnologies, Inc.
		  	  Tom Krivas, Vice President - Risk Management, Amyris Biotechnologies, Inc.


Re: Amendment to Uncommitted Facility Letter 

Ladies and Gentlemen: 

We refer to the Uncommitted Facility Letter, dated as of November 25, 2008 (as amended, the “Uncommitted
Facility Letter”), between BNP Paribas (the “Bank”) and Amyris Fuels, Inc. (predecessor in interest to Amyris Fuels, LLC, the “Borrower”). Unless otherwise defined, capitalized terms used in this Amendment to Uncommitted
Facility Letter (this “Amendment”) have the meanings provided for in the Uncommitted Facility Letter. 

Each of the undersigned hereby agrees that, effective as of the date hereof, the Uncommitted Facility Letter shall be
amended as follows: 
 1. The section entitled “Availability and Maturity” of the Uncommitted Facility
Letter is hereby amended by deleting the term “November 24, 2009” in the first sentence and inserting in lieu thereof “January 14, 2011.” 

2. Clause 2 in the section entitled “Borrowing Base” of the Uncommitted Facility Letter is hereby amended and
restated in its entirety to read as follows: 
 “2. Unrealized Gains on Eligible Forward Contracts
(adjusted for margin collected/ paid and net of offsetting unrealized losses or payables) shall be limited to the lesser of 25% of the total net borrowing base asset value and $5,000,000 in the aggregate.” 

3. Clause 4 in the section entitled “Borrowing Base” of the Uncommitted Facility Letter is hereby amended and
restated in its entirety to read as follows: 
 “4. Unsold inventory will be limited to $5,000,000.” 

This Amendment is executed pursuant to the Uncommitted Facility Letter and shall be construed, administered and applied
in accordance with all of the terms and provisions of the Uncommitted Facility Letter. 
 This Amendment shall
be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 
  







 This Amendment may be executed by the parties hereto in several
counterparts, each of which when executed and delivered shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment by
facsimile shall be effective as delivery of a manually executed counterpart of this Amendment. 
 This Amendment
shall not become effective until we have received fully executed original counterparts of this Amendment. 
 The
Guarantor hereby confirms its agreement to this Amendment and ratifies its Guaranty by signing in the space provided below. 

THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK
(WITHOUT REGARD TO NEW YORK CONFLICTS OF LAWS PRINCIPLES). 
 Except as expressly provided hereby, all of the
representations, warranties, terms, covenants and conditions of the Uncommitted Facility Letter shall continue to be, and shall remain, in full force and effect in accordance with their respective terms and are hereby ratified, confirmed and remade
as of the date hereof The modifications set forth herein shall be limited precisely as provided for herein, and shall not be deemed to be a waiver of, consent to or modification of any other term or provision of the Uncommitted Facility Letter or of
any term or provision of any other instrument referred to therein or herein, or of any transaction or further or future action on the part of the Borrower or any other person which would require the consent of the Bank under the Uncon.l1.l1itted
Facility Letter or any such other instrument. 
 IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by their respective officers thereunto duly authorized as of the day and year first above written. 
  

	
	Sincerely,
	
	BNP PARIBAS
	
	By: /s/ Christine Dirringer
	Name: Christine Dirringer
	Title: Director
	
	By: /s/ Keith Cox
	Name: Keith Cox
	Title: Managing Director


  







 We confirm our agreement to the foregoing: 

 

	
	AMYRIS FUELS, LLC
	
	 By: /s/ Thomas Krivas

	 Name: Thomas Krivas

	 Title: Assistant Secretary

	
	Agreed to and acknowledged by Guarantor:
	
	AMYRIS BIOTECHNOLOGIES, INC.
	
	 By: /s/ Jeryl Hilleman

	 Name: Jeryl Hilleman

	 Title: Chief Financial Officer