Facility No. 1 Para. 2.1
Facility No. 3 is not a revolving line of credit. That is, each advance obtained under Facility No. 3 shall reduce, dollar-for-dollar, the Facility No. 3 Commitment, regardless if and when such advance is made or repaid; that is, an advance made in the first year shall reduce the Facility No. 3 commitment dollar-for-dollar in such year and in all subsequent years;
Facility No. Pressure Receipt Quantity Facility ------------------- ----------- -------- ---------------- ----------- PIN 7858 TRAILBLAZER XXXXX 1,034 DTH/DAY This Appendix A supersedes and cancels any previously effective Appendix A to the referenced Firm Transportation Service Agreement. XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION LLC "Transporter" NEDAK ETHANOL LLC "Shipper" By: By: --------------------------------- --------------------------------- Title: Title: ------------------------------ ------------------------------ APPENDIX B DELIVERY POINT(S) To the Firm Transportation Service Agreement between XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION LLC ("Transporter") and NEDAK ETHANOL LLC ("Shipper"). Contract Number: Dated: ---------------------------- ------------------------- Effective Date: ____, 2007
Facility No. Pressure Receipt Quantity Facility ------------------- ----------- -------- ---------------- ----------- PIN 42543 KMIGT/KMIGT NEDAK ETHANOL PLANT 1,000 DTH/DAY This Appendix B supersedes and cancels any previously effective Appendix B to the referenced Firm Transportation Service Agreement. XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION NEDAK ETHANOL LLC ("Transporter") ("Shipper") By: By: --------------------------------- --------------------------------- Title: Title: ------------------------------ ------------------------------
Facility No. 3. To use the proceeds of the credit only for the acquisition of the Coffee Plantation chain in Arizona.
Facility No. 4. Article 3.A of the Existing Loan Agreement is amended and restated in its entirety to read as follows:
Facility No. 5. A new Article 3.B. is added to the Existing Loan Agreement to read as follows: “3.B. FACILITY NO. 5: 2022 TERM LOAN (SECURED)
Facility No. 1: REVOLVING CREDIT LOANS. CNB agrees to make loans ("Revolving Credit Loans") to Borrower up to, but not including, the Termination Date, at Borrower's request, up to the amount of Three Hundred Thousand Dollars ($300,000.00) (the "Revolving Credit Commitment"). The Revolving Credit Loans may be repaid and reborrowed at any time up to the Termination Date; provided, however, that the aggregate unpaid principal amount of outstanding Revolving Credit Loans will at no time exceed the Revolving Credit Commitment less the amount of outstanding Letters of Credit]. Borrower will have a period of not less than thirty (30) consecutive days during the twelve-month period ending on the Termination Date during which time there will be no outstanding Revolving Credit Loans. All Revolving Credit Loans will be paid by Borrower to CNB on the Termination Date. The Revolving Credit Loans will be evidenced by a promissory note ("Revolving Credit Note") in the form attached hereto as Exhibit "A."
Facility No. 2: LETTER OF CREDIT FACILITY. CNB will, at the request of Borrower, at any time up to, but not including, the Termination Date, issue Letters of Credit for the account of Borrower. The aggregate face amount of outstanding Letters of Credit will not at any time exceed $300,000.00 (the "Letter of Credit Commitment") less Revolving Credit Loans outstanding on the date of the request].
Facility No. 3: EQUIPMENT ACQUISITION LOANS. CNB agrees to make loans ("Equipment Acquisition Loans") to Borrower from time to time up to, but not including, January 31, 2003, up to the amount of Two Million Dollars ($2,000,000.00) (the "Equipment Acquisition Commitment"), the proceeds of which will be used to pay up to one hundred percent (100%) of the purchase price of new machinery and equipment, excluding sales taxes, delivery and set-up charges, or other asset acquisitions. The Equipment Acquisition Loans will be evidenced by a promissory note ("Equipment Acquisition Note") in the form attached hereto as Exhibit "B".
