EX-10.61 18 filename18.htm EX-10.61

Exhibit 10.61

SECOND AMENDMENT TO THE RESTATED LIMITED LIABILITY COMPANY AGREEMENT ENTERED INTO BETWEEN SINOVEN BIOPOLYMERS INC., NATUREWORKS LLC, AMBERWORKS LLC AND BIOAMBER INC. AS OF FEBRUARY 15, 2012

 

This Second Amendment Agreement is made as of November 5, 2012, between Sinoven Biopolymers Inc. (“Sinoven”), NatureWorks LLC (“NatureWorks”), AmberWorks LLC (“AmberWorks”) and BioAmber Inc. (“BioAmber”).

WHEREAS Sinoven, NatureWorks, AmberWorks and BioAmber have entered into a Restated Limited Liability Company Agreement as of February 15, 2012, as amended (the “Agreement”);

WHEREAS the parties agree to amend the Agreement as set forth herein.

THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

 

1. The Agreement is modified in the following manner, the provisions of the Agreement not modified herein shall continue to be in force as stated in the Agreement:

 

1.1. Schedule 11.2(b) is modified as follows:

“The Umbrella/Excess Liability insurance to be maintained by AmberWorks shall be of a limit of $5 million per occurrence and in aggregate, instead of $10 million.”

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SIGNED THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE.

 

  SINOVEN BIOPOLYMERS INC.       NATUREWORKS LLC
By:  

/s/ Jean-François Huc

    By:  

/s/ Marc Verbruggen

  Jean-François Huc, Director       Marc Verbruggen, President & CEO
        AMBERWORKS LLC
      By:  

/s/ Marc Verbruggen

        Marc Verbruggen, duly authorized by the Board
      By:  

/s/ Jean-François Huc

        Jean-François Huc, duly authorized by the Board
        BIOAMBER INC.
      By:  

/s/ Jean-François Huc

        Name:   Jean-François Huc
        Title:   President & CEO

 

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