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Codexis Inc – ‘S-1’ on 12/28/09 – EX-10.2F

On:  Monday, 12/28/09, at 5:00pm ET   ·   Accession #:  1193125-9-260412   ·   File #:  333-164044

Previous ‘S-1’:  ‘S-1/A’ on 8/4/08   ·   Next:  ‘S-1/A’ on 1/14/10   ·   Latest:  ‘S-1/A’ on 4/16/10   ·   4 References:   

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

12/28/09  Codexis Inc                       S-1                   37:5.9M                                   RR Donnelley/FA

Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1         Registration Statement (General Form)               HTML   1.99M 
 2: EX-3.1      Seventh Amended and Restated Certificate of         HTML    118K 
                          Incorporation                                          
 3: EX-3.3      Amended and Restated Bylaws of the Registrant, as   HTML    148K 
                          Currently in Effect                                    
 4: EX-4.2      Fifth Amended and Restated Investor Rights          HTML    210K 
                          Agreement                                              
 5: EX-4.3      Form of Warrant to Purchase Shares of Common Stock  HTML     49K 
 6: EX-4.4      Warrant to Purchase Shares of Common Stock          HTML     62K 
 7: EX-4.5      Form of Warrant to Purchase Shares of Series D      HTML     54K 
                          Preferred Stock - as of 5/25/2006                      
 8: EX-4.6      Form of Warrant to Purchase Shares of Series D      HTML     67K 
                          Preferred Stock - as of 9/28/2007                      
 9: EX-4.7      Warrant to Purchase Shares of Common Stock Issued   HTML     80K 
                          to Alexandria Equities, LLC                            
10: EX-4.8      Registration Rights Agreement                       HTML     73K 
25: EX-10.10    2002 Stock Plan, as Amended, and Form of Stock      HTML    220K 
                          Option Agreement                                       
26: EX-10.12A   Offer Letter - Alan Shaw                            HTML     25K 
27: EX-10.12B   Change in Control Agreement - Alan Shaw             HTML    103K 
28: EX-10.13A   Offer Letter Agreement - Robert S. Beuil            HTML     27K 
29: EX-10.13B   Change in Control Agreement - Robert S. Breuil      HTML     45K 
30: EX-10.13C   Separation Agreement - Robert S. Breuil             HTML     62K 
31: EX-10.14A   Offer Letter Agreement - Douglas T. Sheehy          HTML     33K 
32: EX-10.14B   Chang in Control Agreement - Douglas T. Sheehy      HTML    103K 
33: EX-10.15    Offer Letter Agreement - David L. Anton             HTML     27K 
34: EX-10.16    Employment Contract - Peter Seufer-Wasserthal       HTML     41K 
35: EX-10.18    Form of Indemnification Agreement                   HTML     55K 
11: EX-10.1A    Loan and Security Agreement                         HTML    314K 
12: EX-10.1B    First Amendment to Loan and Security Agreement      HTML     45K 
13: EX-10.2A    License Agreement                                   HTML    152K 
14: EX-10.2B    Amendment No. 1 to the Maxygen License              HTML     77K 
15: EX-10.2C    Amendment No. 2 to the Maxygen License              HTML     18K 
16: EX-10.2D    Amendment No. 3 to the Maxygen License              HTML     75K 
17: EX-10.2E    Side Letter - Dated February 18, 2005.              HTML     17K 
18: EX-10.2F    Side Letter - Dated September 11, 2007              HTML     20K 
19: EX-10.2G    Side Letter - Dated September 24, 2007              HTML     20K 
20: EX-10.8A    Lease Agreement                                     HTML    305K 
21: EX-10.8B    Amendment to Lease Agreement - June 1, 2004         HTML     23K 
22: EX-10.8C    Amendment to Lease Agreement - March 9, 2007        HTML     71K 
23: EX-10.8D    Amendment to Lease Agreement - March 31, 2008       HTML    149K 
24: EX-10.9     Master Security Agreement                           HTML    151K 
36: EX-21       List of Subsidiaries                                HTML     13K 
37: EX-23.1     Consent of Independent Public Accounting Firm       HTML     12K 


EX-10.2F   —   Side Letter – Dated September 11, 2007


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  Side Letter - dated September 11, 2007  

[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

EXHIBIT 10.2F

 

LOGO   

Maxygen, Inc.

200 Penobscot Drive

Redwood CityCA 94063

650.298.5300 main

650.364.2715 fax

www.maxygen.com

September 11, 2007

Codexis. Inc.

Attn: Doug Sheehy

200 Penobscot Drive

Redwood City, CA 94063

 

  Re: License Agreement effective as of March 28, 2002, by and between Maxygen, Inc. and Codexis, Inc., as amended (the “Agreement”)

Dear Doug:

This letter confirms that, based on Codexis’ representations in its letter dated March 30, 2007, Codexis has satisfied the requirements of (i) Section 2.1.6(a) of the License Agreement for SubField 8, Category (a), set forth on Exhibit G to the Agreement, and (ii) Section 2.1,6(d) of the Agreement for SubField 8, Category (b), set forth on Exhibit G to the Agreement.

Accordingly, Maxygen agrees that, as of March 30, 2007, the fuels and fuel additives (and intermediates thereof) specified below, shall be Supplemental Products:

 

  a. Fuel and/or fuel additives, where Biomass is the starting material for the applicable fuel and/or fuel additive, including without limitation the manufacture of compounds (e.g., fermentable sugars) which are intermediates in the process of producing fuel or fuel additives, where Biomass is the starting material for the applicable fuel and/or fuel additive and such intermediates are used solely in the production of fuel or fuel additives, but specifically excluding the fuels and/or fuel additives in Category (b) below.

 

  b. Fuel and/or fuel additives made by the conversion of Biomass-derived oils into such fuel and/or fuel additives, including without limitation the manufacture of compounds which are intermediates in the process of converting Biomass-derived oils into fuel and/or fuel additives, where such intermediates are used solely in the production of fuel or fuel additives.

For purposes of clarification, “fuel additives” means substances which are intended to be added to fuel to modify the characteristics of such fuel, including, for example, biodegradability, combustibility, viscosity and/or emissions profile.

“Biomass” shall mean organic, non-fossil, Plant-derived matter available on a renewable basis, including, for example, crops and/or trees grown or harvested for use for fuel


and/or fuel additive production, agricultural food and feed crops, aquatic plants and, in each case, organic wastes derived from the foregoing, including municipal wastes (e.g., newspapers).

Notwithstanding the above, no right or license is granted by this letter to Codexis to use any Enabling Technology to alter or modify any gene(s) of any Plant to (a) [*], or (b) [*]; provided, however, Codexis may produce in Category II Plants chemicals that are Supplemental Products as set forth above.

In addition, Maxygen agrees that, in accordance with Section 1.55 of the Agreement, the Reserved SubField Termination Date for the Modified SubFields (i.e., SubFields 3, 8, 9 and 10) is extended until the period ending seven (7) years after the Amendment Date.

Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement.

Please indicate Codexis’ agreement to the foregoing by countersigning below.

Yours sincerely,

/s/ Michael S. Rabson

Michael S. Rabson

UNDERSTOOD AND AGREED

BY CODEXIS, INC.

 

By:   /s/ Douglas Sheehy
Name:   Douglas Sheehy
Title:   VP, General Counsel
Date:   September 12, 2007

 

[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.


Dates Referenced Herein

This ‘S-1’ Filing    Date    Other Filings
Filed on:12/28/09None on these Dates
9/12/07
9/11/07
3/30/07
3/28/02
 List all Filings 


4 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/28/24  Codexis, Inc.                     10-K       12/31/23  121:13M
 2/27/23  Codexis, Inc.                     10-K       12/31/22  121:15M
 2/28/22  Codexis, Inc.                     10-K       12/31/21  111:16M
 3/01/21  Codexis, Inc.                     10-K       12/31/20  110:14M
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Filing Submission 0001193125-09-260412   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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