Sec Form 4 Filing - Kung Frank @ AMYRIS, INC. - 2020-06-05

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)
06/05/2020
(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 06/05/2020 P( 1 ) 583,488 A $ 3 6,284,876 I by Vivo Capital Fund VIII, L.P. ( 2 )
Common Stock 06/05/2020 P( 1 ) 2,473,280 A $ 3 2,473,280 I by Vivo Opportunity Fund, LP ( 3 )
Common Stock 06/05/2020 P( 1 ) 80,573 A $ 3 867,832 I by Vivo Capital Surplus Fund VIII, L.P. ( 2 )
Common Stock 06/05/2020 P( 1 ) 551,884 A $ 3 551,884 I by Vivo Capital Fund IX, LP ( 4 )
Common Stock 3,600 I by Vivo Capital LLC ( 5 )
Common Stock 2,932 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 o r 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
Series E Convertible Preferred Stock ( 6 ) 06/05/2020 P( 1 ) 5,988.2864 ( 6 ) ( 6 ) Common Stock 1,996,095 $ 1,000 5,988.2864 I by Vivo Opportunity Fund, LP ( 3 )
Series E Convertible Preferred Stock ( 6 ) 06/05/2020 P( 1 ) 1,412.7359 ( 6 ) ( 6 ) Common Stock 470,911 $ 1,000 1,412.7359 I by Vivo Capital Fund VIII, LP ( 2 )
Series E Convertible Preferred Stock ( 6 ) 06/05/2020 P( 1 ) 1,336.2158 ( 6 ) ( 6 ) Common Stock 445,405 $ 1,000 1,336.2158 I by Vivo Capital Fund IX, LP ( 4 )
Series E Convertible Preferred Stock ( 6 ) 06/05/2020 P( 1 ) 195.0819 ( 6 ) ( 6 ) Common Stock 65,027 $ 1,000 195.0819 I by Vivo Capital Surplus Fund VIII, LP ( 2 )
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 06/09/2020
Signature of Reporting Person Date
Explanation of Responses:
( 1 )Purchase was made pursuant to that certain Security Purchase Agreement dated as of June 4, 2020 by and among the Issuer and the purchasers named therein.
( 2 )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 four (4) 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.
( 3 )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 four (4) 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 )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 four (4) 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.
( 5 )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 four (4) 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.
( 6 )Each share of the Series E Convertible Preferred Stock will automatically convert into 333.33 shares of the Issuer's common stock, par value $0.0001 per share, on the first trading day after the Issuer obtains stockholder approval for such conversion.

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