0001104659-19-008640.txt : 20190214 0001104659-19-008640.hdr.sgml : 20190214 20190214144341 ACCESSION NUMBER: 0001104659-19-008640 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20190214 DATE AS OF CHANGE: 20190214 GROUP MEMBERS: A. VAN HERK HOLDING B.V. GROUP MEMBERS: ADRIANUS VAN HERK GROUP MEMBERS: ONROEREND GOED BEHEER- EN BELEGGINGSMAATSCHAPPIJ A. VAN HERK B.V. GROUP MEMBERS: STICHTING ADMINISTRATIEKANTOOR ABCHRYS GROUP MEMBERS: STICHTING ADMINISTRATIEKANTOOR PENULATA GROUP MEMBERS: VAN HERK MANAGEMENT SERVICES B.V. GROUP MEMBERS: VAN HERK PRIVATE EQUITY INVESTMENTS B.V. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MARRONE BIO INNOVATIONS INC CENTRAL INDEX KEY: 0001441693 STANDARD INDUSTRIAL CLASSIFICATION: AGRICULTURE CHEMICALS [2870] IRS NUMBER: 205137161 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-87599 FILM NUMBER: 19604859 BUSINESS ADDRESS: STREET 1: 1540 DREW AVENUE CITY: DAVIS STATE: CA ZIP: 95618 BUSINESS PHONE: 530-750-2800 MAIL ADDRESS: STREET 1: 1540 DREW AVENUE CITY: DAVIS STATE: CA ZIP: 95618 FORMER COMPANY: FORMER CONFORMED NAME: MARRONE ORGANICS INNOVATIONS INC DATE OF NAME CHANGE: 20080801 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: VAN HERK INVESTMENTS B.V. CENTRAL INDEX KEY: 0001633120 IRS NUMBER: 000000000 STATE OF INCORPORATION: P7 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: LICHTENAUERLAAN 30 CITY: ROTTERDAM STATE: P7 ZIP: 3062ME BUSINESS PHONE: 0031102411555 MAIL ADDRESS: STREET 1: LICHTENAUERLAAN 30 CITY: ROTTERDAM STATE: P7 ZIP: 3062ME SC 13G/A 1 a19-4632_2sc13ga.htm SC 13G/A

 

 

UNITED STATES

 

 

SECURITIES AND EXCHANGE COMMISSION

 

 

Washington, D.C. 20549

 

 

 

 

SCHEDULE 13G

 

Under the Securities Exchange Act of 1934
(Amendment No. 1)*

 

Marrone Bio Innovations, Inc.

(Name of Issuer)

Common Stock, par value $0.0001 per share

(Title of Class of Securities)

57165B106

(CUSIP Number)

December 31, 2018

(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule 13G is filed:

o

Rule 13d-1(b)

x

Rule 13d-1(c)

o

Rule 13d-1(d)

 

*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosure provided in a prior cover page.

 

The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes.)

 

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Van Herk Investments B.V.

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
12,461,903

 

6

Shared Voting Power
0

 

7

Sole Dispositive Power
12,461,903

 

8

Shared Dispositive Power
0

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
CO

 

2

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Van Herk Private Equity Investments B.V.

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
CO

 

3

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Stichting Administratiekantoor Penulata

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
OO

 

4

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Van Herk Management Services B.V.

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
CO

 

5

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Onroerend Goed Beheer- en Beleggingsmaatschappij A. van Herk B.V.

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
CO

 

6

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
A. van Herk Holding B.V.

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
CO

 

7

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Stichting Administratiekantoor Abchrys

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
OO

 

8

 

CUSIP No. 57165B106

13G

 

 

 

1

Name of Reporting Person
Adrianus van Herk

 

 

2

Check the Appropriate Box if a Member of a Group (See Instructions)

 

 

(a)

o

 

 

(b)

o

 

 

3

SEC Use Only

 

 

4

Citizenship or Place of Organization:
The Netherlands

 

 

 

Number of
Shares
Beneficially
Owned by
Each
Reporting
Person With

5

Sole Voting Power
0

 

6

Shared Voting Power
12,461,903

 

7

Sole Dispositive Power
0

 

8

Shared Dispositive Power
12,461,903

 

 

9

Aggregate Amount Beneficially Owned by Each Reporting Person:
12,461,903

 

 

10

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  o

 

 

11

Percent of Class Represented by Amount in Row (9):
11.3%

 

 

12

Type of Reporting Person (See Instructions)
IN

 

9

 

CUSIP No. 57165B106

13G

 

 

Item 1.

 

(a)

Name of Issuer:
Marrone Bio Innovations, Inc., a Delaware corporation

 

(b)

Address of Issuer’s Principal Executive Offices:
1540 Drew Avenue

Davis, California 95618

 

Item 2.

 

(a)

Names of Persons Filing:

This statement is being filed by (i) Van Herk Investments B.V., a private company with limited liability incorporated under the laws of the Netherlands (“VHI”), with respect to Common Stock (as defined below) beneficially owned by it, (ii) Van Herk Private Equity Investments B.V., a private company with limited liability incorporated under the laws of the Netherlands (“VHPI”), with respect to Common Stock beneficially owned by VHI, (iii) Stichting Administratiekantoor Penulata, a foundation organized under the laws of the Netherlands (“Penulata”), with respect to Common Stock beneficially owned by VHI and VHPI, (iv) Van Herk Management Services B.V., a private company with limited liability incorporated under the laws of the Netherlands (“VHMS”), with respect to Common Stock beneficially owned by VHI and VHPI, (v) Onroerend Goed Beheer- en Beleggingsmaatschappij A. van Herk B.V., a private company with limited liability incorporated under the laws of the Netherlands (“OGBBA”), with respect to Common Stock beneficially owned by VHI, VHPI and VHMS, (vi) A. van Herk Holding B.V., a private company with limited liability incorporated under the laws of the Netherlands (“Holdings”), with respect to Common Stock beneficially owned by VHI, VHPI, VHMS and OGBBA, (vii) Stichting Administratiekantoor Abchrys, a foundation organized under the laws of the Netherlands (“Abchrys”), with respect to Common Stock beneficially owned by VHI, VHPI, VHMS, OGBBA and Holdings, and (viii) Adrianus van Herk (“Mr. van Herk”) with respect to Common Stock beneficially owned by VHI, VHPI, VHMS, OGBBA, Holdings, Penulata and Abchrys.

 

Mr. van Herk is (i) an investor, (ii) the holder of all of the depositary receipts issued by Penulata and Abchrys, (iii) the sole board member of Penulata and Abchrys, and (iii) the sole managing director of VHMS, OGBBA and Holdings.  Penulata holds substantially all of the issued and outstanding shares of VHPI.  VHPI is the sole shareholder of VHI. VHI is principally engaged in making investments.  Abchrys holds substantially all of the issued and outstanding shares of Holdings.  Holdings is the sole shareholder of OGBBA. OGBBA is the sole shareholder of VHMS and is principally engaged in making investments.  VHMS is the sole managing director of VHI and VHPI.

 

Each of Mr. van Herk, VHPI, Penulata, VHMS, OGBBA, Holdings and Abchrys disclaims beneficial ownership of the securities covered by this statement.

 

(b)

Address of Principal Business Office or, if none, Residence:

The principal business address of each of Mr. van Herk, VHI, VHPI, Penulata, VHMS, OGBBA, Holdings and Abchrys is:

 

Lichtenauerlaan 30

3062 ME Rotterdam

The Netherlands

 

(c)

Citizenship:
Each of VHI, VHPI, VHMS, OGBBA and Holdings is a private company with limited liability incorporated under the laws of the Netherlands.  Penulata and Abchrys are Netherlands foundations.  Mr. van Herk is a citizen of the Netherlands.

 

(d)

Title of Class of Securities:
Common Stock, par value $0.00001 per share (the “Common Stock”).

 

(e)

CUSIP Number:
57165B106

 

10

 

CUSIP No. 57165B106

13G

 

 

Item 3.

If this statement is filed pursuant to Rules 13d-1(b), or 13d-2(b) or (c), check whether the person filing is a:

 

 

o

Broker or dealer registered under section 15 of the Act;

 

 

o

Bank as defined in section 3(a)(6) of the Act;

 

 

o

Insurance company as defined in section 3(a)(19) of the Act;

 

 

o

Investment company registered under section 8 of the Investment Company Act of 1940;

 

 

o

An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);

 

 

o

An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);

 

 

o

A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);

 

 

o

A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);

 

 

o

A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940;

 

 

o

A non-U.S. institution in accordance with Rule 240.13d-1(b)(1)(ii)(J);

 

 

o

Group, in accordance with Rule 240.13d-1(b)(1)(ii)(K). If filing as a non-U.S. institution in accordance with

Rule 240.13d-1(b)(1)(ii)(J), please specify the type of institution:____________________________

 

 

 

 

Item 4.

Ownership

 

 

(a)

Amount beneficially owned:   

12,461,903 shares of Common Stock (including 5,333,333 shares of Common Stock issuable upon exercise of certain warrants to purchase Common Stock (the “Warrants”) held by the Reporting Persons)

 

(b)

Percent of class:   

11.3%  (The percentages used in this statement are calculated (i) based upon the 110,690,532 shares of Common Stock issued and outstanding as of November 9, 2018, as reported by Marrone Bio Innovations, Inc. in its Quarterly Report on Form 10-Q for the quarter ended September 30, 2018, as filed with the Securities and Exchange Commission on November 14, 2018 and (ii) assuming the exercise of the Warrants held by the Reporting Persons.)

 

(c)

Number of shares as to which such person has:

 

 

VHI

 

 

i.

Sole power to vote or direct the vote:   

12,461,903

 

 

ii.

Shared power to vote or direct the vote:    

0

 

 

iii.

Sole power to dispose or direct the disposition of:   

12,461,903

 

 

iv.

Shared power to dispose or direct the disposition of:   

0

 

11

 

CUSIP No. 57165B106

13G

 

 

 

VHI has the sole power to vote or direct the vote, and to dispose or to direct the disposition of, the Common Stock beneficially owned by it.

 

VHPI

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

VHPI shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of its direct equity interest in VHI.

 

Penulata

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

Penulata shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of its direct equity interest in VHPI.

 

VHMS

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

VHMS shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of it being the sole managing director of VHI and VHPI.

 

OGBBA

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

OGBBA shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of its direct equity interest in VHMS.

 

Holdings

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

12

 

CUSIP No. 57165B106

13G

 

 

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

Holdings shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of its direct equity interest in OGBBA.

 

Abchrys

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

Abchrys shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of its direct equity interest in Holdings.

 

Mr. van Herk

 

 

i.

Sole power to vote or direct the vote:   

0

 

 

ii.

Shared power to vote or direct the vote:    

12,461,903

 

 

iii.

Sole power to dispose or direct the disposition of:   

0

 

 

iv.

Shared power to dispose or direct the disposition of:   

12,461,903

 

Mr. van Herk shares the power to vote or direct the vote of, and to dispose or direct the disposition of, the Common Stock beneficially owned by VHI by virtue of his holding of all of the depositary receipts issued by Penulata and Abchrys, his being the sole board member of Penulata and Abchrys, and his being the sole managing director of VHMS, OGBBA and Holdings.

 

 

Item 5.

Ownership Five Percent or Less of a Class

If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than 5 percent of the class of securities, check the following  o.

 

Item 6.

Ownership of More than Five Percent on Behalf of Another Person

 

Not Applicable.

 

Item 7.

Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company or Control Person

 

Not Applicable.

 

Item 8.

Identification and Classification of Members of the Group

 

Not Applicable.

 

Item 9.

Notice of Dissolution of Group

 

Not Applicable.

 

13

 

CUSIP No. 57165B106

13G

 

 

Item 10.

Certification

By signing below we certify that, to the best of our knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect, other than activities solely in connection with a nomination under § 240.14a-11.

 

14

 

CUSIP No. 57165B106

13G

 

 

SIGNATURES

 

After reasonable inquiry and to the best of our knowledge and belief, we certify that the information set forth in this statement is true, complete and correct.

 

Dated:  February 14, 2019

 

 

 

VAN HERK INVESTMENTS B.V.

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

VAN HERK PRIVATE EQUITY INVESTMENTS B.V.

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

STICHTING ADMINISTRATIEKANTOOR PENULATA

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

VAN HERK MANAGEMENT SERVICES B.V.

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

ONROEREND GOED BEHEER- EN

 

BELEGGINGSMAATSCHAPPIJ A. VAN HERK B.V.

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

A. VAN HERK HOLDING B.V.

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

* Pursuant to a Power of Attorney, dated as of February 27, 2018, by and among the Reporting Persons.

 

15

 

CUSIP No. 57165B106

13G

 

 

 

STICHTING ADMINISTRATIEKANTOOR ABCHRYS

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

ADRIANUS VAN HERK

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

Name:

Erik G.A. Esveld

 

Title:

Attorney-In-Fact*

 

* Pursuant to a Power of Attorney, dated as of February 27, 2018, by and among the Reporting Persons.

 

[Signature Page to Schedule 13G]

 

16

 

CUSIP No. 57165B106

13G

 

 

EXHIBIT INDEX

 

Exhibit
Number

 

Title

 

 

 

99.1

 

Joint Filing Agreement, dated February 14, 2019, by and among the Reporting Persons, as required by Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended.

 

 

 

99.2

 

Power of Attorney, dated as of February 27, 2018, by and among the Reporting Persons, incorporated herein by reference to Exhibit 3 to Schedule 13D/A filed by the Reporting Persons on March 13, 2018 with respect to Ablynx NV (File no. 005-90201).

 

17

 EX-99.1 2 a19-4632_2ex99d1.htm EX-99.1

EXHIBIT 99.1

 

JOINT FILING AGREEMENT

 

The undersigned hereby agree that they are filing a statement on Schedule 13G jointly pursuant to Rule 13d-1(k)(1).  Each of them is responsible for the timely filing of such Schedule 13G and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.

 

In accordance with Rule 13d-1(k)(1) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree to the joint filing with each other on behalf of each of them of such a statement on Schedule 13G and any amendments thereto with respect to the shares of Common Stock beneficially owned by each of them, of Marrone Bio Innovations, Inc., a Delaware corporation.  This Joint Filing Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  This Joint Filing Agreement shall be included as an exhibit to such Schedule 13G and amendments thereto.

 

Dated: February 14, 2019

 

(remainder of page intentionally left blank)

 

1

 

 

VAN HERK INVESTMENTS B.V.

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

VAN HERK PRIVATE EQUITY INVESTMENTS B.V.

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

STICHTING ADMINISTRATIEKANTOOR PENULATA

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

VAN HERK MANAGEMENT SERVICES B.V.

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

ONROEREND GOED BEHEER- EN

 

BELEGGINGSMAATSCHAPPIJ A. VAN HERK B.V.

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

A. VAN HERK HOLDING B.V.

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

* Pursuant to a Power of Attorney, dated as of February 27, 2018, by and among the Reporting Persons.

 

2

 

 

STICHTING ADMINISTRATIEKANTOOR ABCHRYS

 

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

 

Name: Erik G.A. Esveld

 

 

Title: Attorney-In-Fact*

 

 

 

 

 

 

 

ADRIANUS VAN HERK

 

 

 

 

 

By:

/s/ Erik G.A. Esveld

 

Name: Erik G.A. Esveld

 

Title: Attorney-In-Fact*

 

* Pursuant to a Power of Attorney, dated as of February 27, 2018, by and among the Reporting Persons.

 

[Signature page to Joint Filing Agreement]

 

3