Effective July 28, 2017, Wells Fargo Bank, National Association (“Wells Fargo”) resigned as trustee under the Indenture, dated as of January 24, 2013, between TerraVia (f/k/a Solazyme, Inc.), as issuer, and Wells Fargo, as trustee (the “2018 Indenture” and the senior notes issued thereunder, the “2018 Notes”) and the Indenture, dated as of April 1, 2014, between TerraVia (f/k/a Solazyme, Inc.), as issuer, and Wells Fargo, as trustee (the “2019 Indenture” and the senior notes issued thereunder, the “2019 Notes”). The Company has appointed Wilmington Trust, N.A. as successor trustee under the 2018 Indenture, and has appointed GLAS Trust Company LLC as successor trustee under the 2019 Indenture. On July 28, 2017, the Company and Wells Fargo entered into a supplemental indenture to amend certain trustee eligibility requirements under the 2019 Indenture (the “Supplemental Indenture”). This description of the Supplemental Indenture is qualified in its entirety by the terms of such supplemental indenture, a copy which is filed as Exhibit 4.1 hereto and is incorporated by reference in this Item 8.01.
Forward-Looking Statements
This Current Report on Form 8-K contains certain statements that are, or may be deemed to be, “forward-looking statements” within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act. All statements, other than statements of historical facts, included in this Current Report on Form 8-K that address activities, events or developments that the Company expects, believes or anticipates will or may occur in the future are forward looking statements. We have based these forward-looking statements largely on our current expectations and projections about future events and financial trends affecting the financial condition of our business. These forward-looking statements are subject to a number of risks, uncertainties and assumptions, including, among other things, the risk factors discussed in this Current Report and in our most recent Quarterly Report on Form 10-Q as well as in other reports filed from time to time by the Company with the Securities and Exchange Commission, most of which are beyond our control. The words “believe,” “may,” “estimate,” “continue,” “anticipate,” “intend,” “plan,”
“expect,” “indicate” and similar expressions are intended to identify forward-looking statements. All statements other than statements of current or historical fact contained in this Current Report are forward-looking statements. Although we believe that the forward-looking statements contained in this Current Report are based upon reasonable assumptions, the forward-looking events and circumstances discussed in this Current Report may not occur and actual results could differ materially from those anticipated or implied in the forward-looking statements.
These forward-looking statements relate, in part, to the delisting of the Common Stock and the tradability of the Common Stock over-the-counter following such delisting and other factors disclosed by the Company from time to time in its filings with the SEC, including those described under the caption “Risk Factors” in the Company’s Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. We do not intend to publicly update or revise any forward-looking statements as a result of new information, future events or otherwise, except as required by law.