Amyris Inc.

04/23/2024 | Press release | Distributed by Public on 04/23/2024 14:02

Regulation FD Disclosure - Form 8-K

Item 7.01

Regulation FD Disclosure.

As previously reported, on August 9, 2023, Amyris, Inc. (the "Company") and certain of its direct and indirect subsidiaries (collectively, the "Company Parties" or the "Debtors") filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"), thereby commencing Chapter 11 cases for the Company Parties (the "Chapter 11 Cases").

On April 22, 2024, the Company filed with the Bankruptcy Court its monthly operating report for certain Company Parties for the period beginning February 1, 2024 and ending February 29, 2024 (the "MORs").

The information set forth in Item 7.01 of this Form 8-Kwill not be deemed an admission as to the materiality of any information required to be disclosed solely by Regulation FD. The MORs and other filings with the Bankruptcy Court related to the Chapter 11 Cases may be available electronically at https://cases.stretto.com/Amyris. Documents and other information available on such website are not part of this Form 8-Kand shall not be deemed incorporated by reference in this Form 8-K.The Company has included the website address in this Form 8-Kas an inactive textual reference only.

The information contained in this Item 7.01 is being "furnished" and shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, and shall not be deemed to be incorporated by reference into any of the Company's filings under the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, whether made before or after the date hereof and regardless of any general incorporation language in such filings, except to the extent expressly set forth by specific reference in such a filing.

Cautionary Statements Regarding the MORs

The Company cautions investors and potential investors not to place undue reliance upon the information contained in the MORs, which was not prepared for the purpose of providing the basis for an investment decision relating to any of the securities of the Company. The MORs are limited in scope, cover a limited time period and has been prepared solely for the purpose of complying with the reporting requirements of the Bankruptcy Court. The MORs are not audited or reviewed by independent accountants, was not prepared in accordance with generally accepted accounting principles in the United States, is in a format prescribed by applicable bankruptcy laws or rules, and are subject to future adjustment and reconciliation. The MORs also contain information for periods shorter and otherwise different from those contained in the Company's reports required to be filed pursuant to the Exchange Act. There can be no assurance that, from the perspective of an investor or potential investor in the Company's securities, the MORs are complete. Results set forth in the MORs should not be viewed as indicative of future results.

Cautionary Statements Regarding Trading in the Company's Securities

The Company's securityholders are cautioned that trading in the Company's Common Stock during the pendency of the Chapter 11 Cases is highly speculative and poses substantial risks. Trading prices for the Company's Common Stock may bear little or no relationship to the actual recovery, if any, by holders thereof in the Company's Chapter 11 Cases. Accordingly, the Company urges extreme caution with respect to existing and future investments in its Common Stock.

Cautionary Statements Regarding Forward-Looking Statements

This Current Report on Form 8-Kincludes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Exchange Act. The words "anticipates," "believes," "estimates," "expects," "intends," "may," "plans," "projects," "will," "would" and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Forward-looking statements contained in this Current Report on Form 8-Kinclude, but are not limited to, statements regarding the process and potential outcomes of the Company's Chapter 11 Cases. These statements are based on

management's current expectations, and actual results and future events may differ materially due to risks and uncertainties, including, without limitation, risks inherent in the bankruptcy process, including the outcome of the Chapter 11 Cases; the Company's financial projections and cost estimates; the Company's ability to raise additional funds during the Chapter 11 Cases; the Company's ability to sell any of its assets; and the effect of the Chapter 11 Cases on the Company's business prospects, financial results and business operations. The Company may not actually achieve the plans, intentions or expectations disclosed in our forward-looking statements, and you should not place undue reliance on our forward-looking statements. These and other factors that may affect the Company's future business prospects, results and operations are identified and described in more detail in the Company's filings with the U.S. Securities and Exchange Commission, including the Company's most recent Annual Report filed on Form 10-Kand the subsequently filed Quarterly Report(s) on Form 10-Q.You should not place undue reliance on these forward-looking statements, which speak only as of the date of this Form 8-K.Except as required by applicable law, the Company does not intend to update any of the forward-looking statements to conform these statements to actual results, later events or circumstances or to reflect the occurrence of unanticipated events.