Exhibit 10.4
December 16, 2011 | LANXESS, Inc. 1265 Vidal Street South Samia, Ontario Canada N7T 7M2 Fax (519) 339-7723 | |||
GEVO, Inc. 345 Inverness Drive South, Building C, Suite 130, Englewood, CO 80112 USA | A.J. (Sandy) Marshall Presidient & Managing Director Fax (519) 339-7752 |
Attention: | General Counsel |
Dear | Sirs: |
Re: | Amendment to Exclusive Supply Agreement between LANXESS Inc. (“LANXESS”), LANXESS Corporation and GEVO, Inc. (“GEVO”) dated effective January 14, 2011 (the “Agreement”) |
Further to our recent discussions regarding this matter, this letter is to confirm our mutual agreement to amend the Agreement by:
(i) | changing all references to the date“December 30, 2011” in Article III(4) and Article IV of the Agreement to “December 31, 2012”; |
(ii) | changing the reference to the date“December 30, 2013” in Article III(4)(v) of the Agreement to“December 31, 2014”; |
(iii) | deleting Article III(3) in its entirety and deleting all references to “Polyisobutylene”, “Polyisobutylene Arrangements”, “Polyisobutylene Exclusivity”, and “Polyisobutylene Notification”; and |
(iv) | adding the following provision “Notwithstanding anything to the contrary in the Agreement, none of the provisions of this Agreement shall apply to isobutylene produced at GEVO’s Pilot Plants, and GEVO shall be permitted to use or sell isobutylene produced at such Pilot Plants for any purpose or use. A “Pilot Plant” shall mean a plant producing less than 500 tons per year of isobutylene, including but not limited to GEVO’s pilot plant at South Hampton Resources in Silsbee, TX. |
Please confirm GEVO’s acceptance of this Amendment by signing and returning this letter to the attention of the undersigned by December 31, 2011. We will mutually accept execution by an email exchange of signed copies.
Yours truly,
LANXESS Inc. | ||
Per: | /s/ Alexander J. Marshall | |
Alexander J. Marshall President & Managing Director | ||
c.c. | Chris Ryan, GEVO | |
Bruce Cusack, LANXESS Mark Peters, LANXESS | ||
Acknowledged & agreed byGEVO, Inc. | ||
Per: | /s/ Brett Lund | |
Signature | ||
Name: | /s/ Brett Lund | |
(please print) | ||
Title: | Executive Vice President and General Counsel | |
(please print) | ||
Date: | December 19, 2011 | |
(please print) |