Sec Form 4 Filing - Kung Frank @ AMYRIS, INC. - 2021-04-13

Insider filing report for Changes in Beneficial Ownership
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FORM 4
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
Kung Frank
2. Issuer Name and Ticker or Trading Symbol
AMYRIS, INC. [ AMRS]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X __ Director _____ 10% Owner
_____ Officer (give title below) _____ Other (specify below)
(Last) (First) (Middle)
C/O AMYRIS, INC., 5885 HOLLIS STREET, SUITE 100
3. Date of Earliest Transaction (MM/DD/YY)
04/13/2021
(Street)
EMERYVILLE, CA94608
4. If Amendment, Date Original Filed (MM/DD/YY)
6. Individual or Joint/Group Filing (Check Applicable Line)
__ X __ Form filed by One Reporting Person
_____ Form filed by More than One Reporting Person
(City) (State) (Zip)
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4)
7. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 04/13/2021 M( 1 ) 1,707,830 A $ 4.26 8,463,618 ( 2 ) I by Vivo Capital Fund VIII, L.P. ( 3 )
Common Stock 04/13/2021 M( 1 ) 235,829 A $ 4.26 1,168,689 ( 2 ) I by Vivo Capital Surplus Fund VIII, L.P. ( 3 )
Common Stock 04/13/2021 S( 4 ) 2,733,089 ( 5 ) D $ 14.9625 5,730,529 I by Vivo Capital Fund VIII, L.P. ( 3 )
Common Stock 04/13/2021 S( 4 ) 377,384 ( 5 ) D $ 14.9625 791,305 I by Vivo Capital Surplus Fund VIII, L.P. ( 3 )
Common Stock 04/13/2021 S( 4 ) 1,281,858 D $ 14.9625 3,187,518 ( 2 ) I by Vivo Opportunity Fund, LP ( 6 )
Common Stock 04/13/2021 S( 4 ) 286,032 D $ 14.9625 711,258 ( 2 ) I by Vivo Capital Fund IX, LP ( 7 )
Common Stock 04/14/2021 M 1,065,676 A $ 4.76 6,796,205 I by Vivo Capital Fund VIII, L.P. ( 3 )
Common Stock 04/14/2021 M 147,111 A $ 4.76 938,416 I by Vivo Capital Surplus Fund VIII, L.P.
Common Stock 6,532 I by Vivo Capital LLC ( 8 )
Common Stock 2,266 D
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5)
6. Date Exercisable and Expiration Date
(MM/DD/YY)
7. Title and Amount of Underlying Securities
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4)
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)
11. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Warrant (Right to Buy) ( 9 ) $ 4.26 04/13/2021 M( 1 ) 7,275.3593 08/03/2017 ( 10 ) Common Stock 1,707,830 $ 0 0 I by Vivo Capital Find VIII, L.P. ( 3 )
Warrant (Right to Buy) ( 9 ) $ 4.26 04/13/2021 M( 1 ) 1,004.6357 08/03/2017 ( 10 ) Common Stock 235,829 $ 0 0 I by Vivo Capital Surplus Fund VIII, L.P. ( 3 )
Warrant (Right to Buy) $ 4.76 04/14/2021 M 1,065,676 04/29/2019 04/29/2021 Common Stock 1,065,676 $ 4.76 0 I by Vivo Capital Fund VIII, L.P. ( 3 )
Warrant (Right to Buy) $ 4.76 04/14/2021 M 147,111 04/29/2019 04/29/2021 Common Stock 147,111 $ 4.76 0 I by Vivo Capital Surplus Fund VIII, L.P. ( 3 )
Reporting Owners
Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
Kung Frank
C/O AMYRIS, INC.
5885 HOLLIS STREET, SUITE 100
EMERYVILLE, CA94608
X
Signatures
/s/ Frank Kung by Bruna Lawant Attorney-in-Fact 04/15/2021
Signature of Reporting Person Date
Explanation of Responses:
( 1 )Reflects the conversion of shares of the Issuer's Series D Convertible Preferred Stock issued on August 3, 2017. Each share of Series D Convertible Preferred Stock has a stated value of $1,000 and is convertible at any time at the option of the holder into common stock of the Issuer, subject to a 9.99% beneficial ownership limit.
( 2 )Includes shares of common stock received upon automatic conversion of shares of Series E Preferred Stock on August 17, 2020.
( 3 )The General Partner of the holder is Vivo Capital VIII, LLC, of which the Reporting Person is a voting member. The Reporting Person may be deemed to share voting and dispositive power over these shares with two (2) other voting members. The Reporting Person disclaims beneficial ownership over such shares except to the extent of his pecuniary interest therein, and the inclusion of these shares in this report shall not be deemed an admission of beneficial ownership of the reported shares for purposes of Section 16 or for any other purposes.
( 4 )Reflects the sale of common stock pursuant to that certain Underwriting Agreement, dated April 8, 2019, among the Issuer, Vivo Capital Fund VIII, L.P., Vivo Capital Surplus Fund VIII, L.P., Vivo Opportunity Fund, LP, Vivo Capital IX, LP, the other selling stockholders party thereto, and J.P. Morgan Securities LLC and Cowen and Company, LLC as underwriters.
( 5 )Includes shares of common stock received upon conversion of shares of Series D Preferred Stock on April 13, 2021.
( 6 )The General Partner of the holder is Vivo Opportunity, LLC, of which the Reporting Person is a voting member. The Reporting Person may be deemed to share voting and dispositive power over these shares with three (3) other voting members. The Reporting Person disclaims beneficial ownership over such shares except to the extent of his pecuniary interest therein, and the inclusion of these shares in this report shall not be deemed an admission of beneficial ownership of the reported shares for purposes of Section 16 or for any other purposes.
( 7 )The General Partner of the holder is Vivo Capital IX LLC, of which the Reporting Person is a voting member. The Reporting Person may be deemed to share voting and dispositive power over these shares with six (6) other voting members. The Reporting Person disclaims beneficial ownership over such shares except to the extent of his pecuniary interest therein, and the inclusion of these shares in this report shall not be deemed an admission of beneficial ownership of the reported shares for purposes of Section 16 or for any other purposes.
( 8 )The Reporting Person is a voting member of Vivo Capital LLC and may be deemed to share voting and dispositive power over these shares with five (5) other voting members. The Reporting Person disclaims beneficial ownership over such shares except to the extent of his pecuniary interest therein, and the inclusion of these shares in this report shall not be deemed an admission of beneficial ownership of the reported shares for purposes of Section 16 or for any other purposes.
( 9 )Represents Series D Convertible Preferred Stock.
( 10 )The Series D Convertible Preferred Stock has no expiration date.

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* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
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