EXHIBIT 10.1
FOURTH AMENDMENT
TO
CREDIT AGREEMENT
(REVOLVING LOAN)
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (Revolving Loan) ("AMENDMENT
AGREEMENT") is made May 22, 2002 to be effective as of the Effective Date, by
and among Cenex Harvest States Cooperatives, a Minnesota cooperative corporation
("BORROWER"), CoBank, ACB ("COBANK") as the Bid Agent, Lead Arranger, and as the
Administrative Agent for the benefit of the present and future Syndication
Parties (in that latter capacity "ADMINISTRATIVE AGENT"), Cooperatieve Centrale
Raiffeisen-Boerenleenbank B.A., "Rabobank International", New York Branch
("RABOBANK"), SunTrust Bank ("SUNTRUST"), Deere Credit, Inc. ("DEERE"), and
Credit Lyonnais New York Branch ("CREDIT Lyonnais"), as Syndication Agents, and
the Syndication Parties signatory hereto, including CoBank, Rabobank, SunTrust,
Deere, and Credit Lyonnais, in such capacity, (each a "SYNDICATION PARTY" and
collectively, the "SYNDICATION PARTIES").
RECITALS
A. Borrower, CoBank, St. ▇▇▇▇ Bank for Cooperatives, and certain of the
present Syndication Parties entered into a Credit Agreement (Revolving Loan) (as
amended "CREDIT AGREEMENT") dated as of June 1, 1998. The Credit Agreement
provided for a 364-Day Facility and a 5-Year Facility.
B. The Credit Agreement was amended by the First Amendment to Credit
Agreement (Revolving Loan) effective as of May 28, 1999 ("FIRST AMENDMENT"), by
the Second Amendment to Credit Agreement (Revolving Loan) dated as of May 23,
2000 ("SECOND AMENDMENT"), and by the Third Amendment to Credit Agreement
(Revolving Loan) dated as of May 23, 2001 ("THIRD AMENDMENT").
C. CoBank, as Administrative Agent, gave written notification ("RENEWAL
NOTICE") to those Syndication Parties which had an Individual 364-Day Commitment
seeking (i) a renewal of their respective Individual 364-Day Commitments and
(ii) consent to an extension of the 364-Day Maturity Date pursuant to the
provisions of Section 16.9 of the Credit Agreement.
D. Certain of the Syndication Parties have provided the Administrative
Agent with written notice of their agreement to continue to maintain Individual
364-Day Commitments, and one or more institutions, which were not Syndication
Parties prior to the date hereof, have agreed to become Syndication Parties as
indicated on Schedule A hereto and by their execution of this Amendment
Agreement and by their execution of a Syndication Adoption Agreement.
E. The parties hereto desire to amend the Credit Agreement to renew the
364-Day Facility and to make certain other changes to the Credit Agreement as
hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby acknowledged, including the mutual promises and agreements
contained herein, the parties hereto hereby agree as follows:
1. DEFINITIONS. Capitalized terms used herein without definition shall have the
definition given to them in the Credit Agreement if defined therein.
2. RENEWAL OF INDIVIDUAL 364-DAY COMMITMENTS. The Syndication Parties hereby
agree to renew or agree to acquire their respective Individual 364-Day
Commitments in the amounts set forth beneath their names and signatures on the
signature pages hereto and as set forth in Schedule 1 hereto.
3. AMENDMENTS TO CREDIT AGREEMENT. The parties hereto agree that the Credit
Agreement shall be amended as follows as of the Effective Date:
3.1 Subsection 1.42 shall be amended in its entirety to read as
follows:
1.42 CONSOLIDATED CURRENT ASSETS: the total current assets of Borrower
and its Consolidated Subsidiaries as measured in accordance with GAAP.
3.2 Subsection 1.43 shall be amended in its entirety to read as
follows:
1.43 CONSOLIDATED CURRENT LIABILITIES: the total current liabilities of
Borrower and its Consolidated Subsidiaries as measured in accordance with GAAP.
3.3 Subsection 1.44 shall be amended in its entirety to read as
follows:
1.44 CONSOLIDATED FUNDED DEBT: all indebtedness for borrowed money of
the Borrower and its Consolidated Subsidiaries, in each case maturing by its
terms more than one year after, or which is renewable or extendible for a period
ending one year or more after, the date of determination, and shall include Debt
of such maturity created or assumed by the Borrower or any Consolidated
Subsidiary either directly or indirectly, including obligations of such maturity
secured by liens upon property of the Borrower or its Consolidated Subsidiaries
and upon which such entity customarily pays the interest, and all rental
payments under capitalized leases of such maturity.
3.4 Subsection 1.156 shall be amended in its entirety to read as
follows:
1.156 364-DAY MATURITY DATE: May 21, 2003.
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3.5 Section 13.6 is amended in its entirety to read as follows:
13.6 LOANS. Borrower shall not (nor shall it permit any of its
Restricted Subsidiaries to) lend or advance money, credit, or
property to any Person, except for (a) loans to Restricted
Subsidiaries; (b) trade credit extended in the ordinary course
of business; (c) loans made by Borrower to its members on open
account maintained by such members with Borrower or made by
Borrower to its members pursuant to its Affiliate Financing
CoBank Participation Program; provided that (i) the aggregate
principal amount of all such loans outstanding at any time
shall not exceed $200,000,000.00, and (ii) the aggregate
outstanding principal amount of all such loans retained by
Borrower shall not exceed $50,000,000.00; (d) loans made by
Fin-Ag, Inc. to agricultural producers, provided that (i) the
aggregate outstanding principal amount of all such loans at
any time shall not exceed $125,000,000.00, (ii) at all times
prior to December 1, 2001, the aggregate outstanding principal
amount of all such loans retained by Fin-Ag, Inc. shall not
exceed $38,000,000.00, and (iii) at all times on and after
December 1, 2001, the aggregate outstanding principal amount
of all such loans retained by Fin-Ag, Inc. shall not exceed
$25,000,000.00.
3.6 Section 13.7 is amended in its entirety to read as follows:
13.7 MERGER; ACQUISITIONS; BUSINESS FORM; ETC. Borrower shall not merge
(nor shall it permit any of its Restricted Subsidiaries to) or consolidate with
any entity, or acquire all or substantially all of the assets of any person or
entity, or form or create any new subsidiary (other than a Restricted Subsidiary
formed by Borrower) or affiliate, change its business form from a cooperative
corporation, or commence operations under any other name, organization, or
entity, including any joint venture; provided, however,
(a) The foregoing shall not prevent any consolidation, acquisition, or
merger if after giving effect thereto:
(i) The book value of Borrower and its subsidiaries does not
increase due to all such mergers, consolidations or acquisitions by an
aggregate amount in excess of $50,000,000 in any fiscal year of
Borrower;
(ii) Borrower is the surviving entity; and
(iii) No Event of Default or Potential Default shall have
occurred and be continuing.
(b) The foregoing shall not prevent Borrower from forming or creating
any new subsidiary or affiliate provided:
(i) The Investment in such subsidiary or affiliate does not
violate any provision of Section 13.8 hereof; and
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(ii) Such subsidiary or affiliate shall not acquire all or
substantially all of the assets of any Person except through an
acquisition, consolidation, or merger satisfying the requirements of
clause (a) of this Section.
3.7 Clause (j) of Section 13.8 (and only that clause), is amended in
its entirety to read as follows:
(j) Investments, in addition to those permitted by clauses (a)
through (i) above, in an aggregate amount not exceeding
$140,000,000.00.
3.8 Schedule 1 is replaced in its entirety by the Schedule 1 attached
hereto.
3.9 Schedule 2 is replaced in its entirety by the Schedule 2 attached
hereto.
4. BORROWER'S REPRESENTATIONS. Borrower hereby represents and warrants that,
after giving effect to this Amendment Agreement and the transactions
contemplated hereby, no Potential Default or Event of Default has occurred and
is continuing under the Credit Agreement or other Loan Documents.
5. EFFECTIVE DATE. This Amendment Agreement shall become effective on May 22,
2002 ("EFFECTIVE DATE"), so long as on or before that date the Administrative
Agent receives (a) an original copy of this Amendment Agreement (or original
counterparts thereof) duly executed by each party hereto, (b) a Syndication
Adoption Agreement (or original counterparts thereof) duly executed by each
party identified on Schedule A hereto, (c) each required new or replacement
Promissory Note, (d) a copy of a resolution of Borrower's board of directors,
certified to by Borrower's corporate secretary, which authorizes execution of
this Amendment Agreement; (e) an opinion of Borrower's counsel in all respects
acceptable to the Administrative Agent; and (f) payment by wire transfer of (i)
the fees described in Section 6 hereof and (ii) reimbursement for each of the
costs, expenses described in Section 7 hereof. Upon the satisfaction of all
conditions precedent hereto, the Administrative Agent will notify each party
hereto in writing and will provide copies of all appropriate documentation in
connection herewith.
6. UP-FRONT FEE. Borrower agrees to pay to the Administrative Agent, for
distribution among the Syndication Parties, the Up-Front Fee calculated in the
manner previously disclosed to Borrower by the Administrative Agent, based on
Individual 364-Day Commitments and the Individual 5-Year Commitments, as both
are shown on the signature pages hereto.
7. COSTS; EXPENSES AND TAXES. Borrower agrees to reimburse the Administrative
Agent on demand for all out-of-pocket costs, expenses and charges (including,
without limitation, all fees and charges of external legal counsel for the
Administrative Agent) incurred by the Administrative Agent in connection with
the preparation, reproduction, execution and delivery of this Amendment
Agreement and any other instruments and documents to be delivered hereunder.
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8. GENERAL PROVISIONS.
8.1 The Credit Agreement, except as expressly modified herein, shall
continue in full force and effect and be binding upon the parties thereto.
8.2 Borrower agrees to execute such additional documents as the
Administrative Agent may require, including, without limitation, new and/or
replacement Notes, to carry out or evidence the purposes of this Amendment
Agreement.
8.3 The execution, delivery and effectiveness of this Amendment
Agreement shall not operate as a waiver of any right, power or remedy of the
Administrative Agent or any Syndication Party under any of the Loan Documents,
nor constitute a waiver of any provision of any of the Loan Documents, and the
Credit Agreement, as expressly modified hereby, and each of the other Loan
Documents, are hereby ratified and confirmed and shall continue in full force
and effect and be binding upon the parties thereto. Any direct or indirect
reference in the Loan Documents to the "Credit Agreement" shall be deemed to be
a reference to the Credit Agreement as amended by this Amendment Agreement. Any
direct or indirect reference in the Loan Documents to a "Syndication Party" or
to the "Syndication Parties" shall be deemed to be a reference to the
Syndication Parties shown on Schedule 1 to this Amendment Agreement.
9. GOVERNING LAW. This Amendment Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
10. COUNTERPARTS. This Amendment Agreement may be executed in any number of
counterparts and by different parties to this Amendment Agreement in separate
counterparts, each of which when so executed shall be deemed to be an original
and all of which taken together shall constitute one and the same agreement.
Telefax copies of documents or signature pages bearing original signatures, and
executed documents or signature pages delivered by telefax, shall, in each such
instance, be deemed to be, and shall constitute and be treated as, an original
signed document or counterpart, as applicable.
[EXECUTION PAGES BEGIN ON THE NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Fourth
Amendment to Credit Agreement (Revolving Loan) to be executed by their duly
authorized officers as of the Effective Date.
BORROWER:
CENEX HARVEST STATES COOPERATIVES, a
cooperative corporation formed under the laws
of the State of Minnesota
By:
---------------------------------------
Name: ▇▇▇▇ ▇▇▇▇▇▇▇
Title: Chief Financial Officer
ADMINISTRATIVE AGENT, LEAD
ARRANGER, AND BID AGENT:
COBANK, ACB
By:
---------------------------------------
Name:
Title: Vice President
SYNDICATION AGENT:
COOPERATIEVE CENTRALE RAIFFEISEN-
BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL",
NEW YORK BRANCH
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
SYNDICATION AGENT:
SUNTRUST BANK
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
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SYNDICATION AGENT:
DEERE CREDIT, INC.
By:
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Name:
-------------------------------------
Title:
------------------------------------
SYNDICATION AGENT:
CREDIT LYONNAIS NEW YORK BRANCH
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
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SYNDICATION PARTIES:
COBANK, ACB
By:
---------------------------------------
Name:
-------------------------------------
Title: Vice President
Contact Name: __________
Title: Vice President
Address: ▇▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 303/▇▇▇-▇▇▇▇
Fax No.: 303/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $177,000,000.00
Individual 5-Year Commitment: $61,666,667.00
Payment Instructions:
CoBank, ACB
ABA #: ▇▇▇▇▇▇▇▇▇
Acct. Name: CoBank, ACB
Account No.: ▇▇▇▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Reference: Cenex Harvest States
8
SYNDICATION PARTIES:
INTESABCI, NEW YORK BRANCH
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇
Title: Vice President
Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 212/▇▇▇-▇▇▇▇
Fax No.: 212/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $10,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
Pay by FED WIRE
ABA# - ▇▇▇▇▇▇▇▇▇
For account of IntesaBci New York
Branch
Attn: Loan Dept./▇▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇
Ref: CHS Cooperatives
9
SYNDICATION PARTIES:
CREDIT AGRICOLE INDOSUEZ
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Vice President
Address: ▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇
Phone No.: 312/▇▇▇-▇▇▇▇
Fax No.: 312/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $0.00
Individual 5-Year Commitment: $16,666,667.00
Payment Instructions:
Citibank - New York, New York
ABA# - ▇▇▇-▇▇▇-▇▇▇
Acct. Name: Credit Agricole Indoseuz
Chgo Branch
Account No.: ▇▇▇▇▇▇▇▇
Swift Code: ▇▇▇▇▇▇▇▇
Ref: Cenex Harvest States
10
SYNDICATION PARTIES:
SUNTRUST BANK
By:
---------------------------------------
Name:
-------------------------------------
Title: Director
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇ ▇▇▇▇▇▇
Title: Director
Address: ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇.▇.
▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 404/▇▇▇-▇▇▇▇
Fax No.: 404/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $38,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
SunTrust Bank
ABA# - ▇▇▇▇▇▇▇▇▇
Acct. Name: Corporate Banking
Operations General Ledger Account
Account No.: 9088000112
Ref: Cenex Harvest States Cooperatives
11
SYNDICATION PARTIES:
BNP PARIBAS
By:
---------------------------------------
Name: Guillaume de la Ville
Title: Vice President
By:
---------------------------------------
Name: ▇▇▇▇▇▇ ▇▇▇▇▇
Title: Managing Director
Contact Name: Guillaume de la Ville
Title: Vice President
Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 212/▇▇▇-▇▇▇▇
Fax No.: 212/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $38,000,000.00
Individual 5-Year Commitment: $13,333,333.00
Payment Instructions:
BNP Paribas - New York
ABA# - ▇▇▇-▇▇▇-▇▇▇
Acct. Name: Loan Servicing Clearing
Account
Account No.: 1 03 13 000 103
Reference: Cenex Harvest States
Operations Contact:
▇▇▇▇▇ ▇▇▇▇▇▇
Phone: 212/▇▇▇-▇▇▇▇
Fax: 212/▇▇▇-▇▇▇▇
12
SYNDICATION PARTIES:
COOPERATIEVE CENTRALE RAIFFEISEN-
BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL",
NEW YORK BRANCH
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇ ▇▇▇▇▇
Title: Vice President
Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇
Phone No.: 312/▇▇▇-▇▇▇▇
Fax No.: 312/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $38,000,000.00
Individual 5-Year Commitment: $13,333,333.00
Payment Instructions:
The Bank of New York
(New York, NY 10167)
ABA# - 021 000 018
Acct. Name: Rabobank Nederland
Account No.: 802 6002 533
Attn: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Ref: Cenex Harvest States
13
SYNDICATION PARTIES:
THE BANK OF TOKYO-MITSUBISHI, LTD.,
CHICAGO BRANCH
By:
---------------------------------------
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇
Title: Vice President & Manager
Contact Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇
Title: Vice President & Manager
Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 952/▇▇▇-▇▇▇▇
Fax No.: 952/▇▇▇-▇▇▇▇
Loan Administration Contact Name:
▇▇▇▇▇▇ ▇▇▇▇▇▇
Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Phone No.: 312/▇▇▇-▇▇▇▇
Fax No.: 312/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $22,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
The Federal Reserve Bank of Chicago
ABA# - ▇▇▇▇▇▇▇▇▇
Acct. Name: The Bank of Tokyo-
Mitsubishi, Ltd.
Attention: Loan Administration
Ref: Cenex Harvest States Cooperatives
14
SYNDICATION PARTIES:
CREDIT LYONNAIS NEW YORK BRANCH
By:
---------------------------------------
Name: ▇▇▇▇▇▇ ▇▇▇
Title: Senior Vice President
Contact Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
Address: ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 312/▇▇▇-▇▇▇▇
Fax No.: 312/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $38,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Credit ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇
▇▇▇# - ▇▇▇▇-▇▇▇▇-▇
A/C #: 01.881793701
Acct. Name:
Attention:
Ref:
15
SYNDICATION PARTIES:
▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
Address: Sixth and Marquette
▇▇▇-▇▇▇▇▇-▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇
Phone No.: 612/▇▇▇-▇▇▇▇
Fax No.: 612/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $25,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
▇▇▇▇▇ Fargo Bank National Association
ABA# - ▇▇▇▇▇▇▇▇▇
Acct. Name: Commercial Loan Clearing
Account
Account No.: 840165
Ref: Cenex Harvest States
16
SYNDICATION PARTIES:
DZ BANK AG DEUTSCHE ZENTRAL-
GENOSSNESCHAFTSBANK, FRANKFURT AM MAIN,
(FORMERLY DG BANK DEUTSCHE GENOSSENSCHAFTSBANK
AG)
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 212/▇▇▇-▇▇▇▇
Fax No.: 212/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $0.00
Individual 5-Year Commitment: $13,333,333.00
Payment Instructions:
(1) CHIPS Payments:
Bank of New York
for Account of DG Bank, NY
Account No. 8900433876
Ref: Cenex Harvest States
(2) Federal Reserve Payments:
Bank of New York
ABA #▇▇▇▇▇▇▇▇▇
Account Name: DG Bank, NY
Account No. 8900433876
Ref: Cenex Harvest States
17
SYNDICATION PARTIES:
U.S. BANK NATIONAL ASSOCIATION
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Commercial Banking Associate
Address: %U.S. Bancorp Ag Credit, Inc.
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, #▇▇▇
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 303/▇▇▇-▇▇▇▇
Fax No.: 303/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $18,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
U.S. Bank National Association
Portland, OR.
ABA# - ▇▇▇▇▇▇▇▇▇
Acct. Name: U.S. Bancorp Ag Credit, Inc.
Account No.: 00340012160600
PL-7 Commercial Loan Servicing West
Attn: Participation Specialist
Ref: Cenex Harvest States #63490-61459
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SYNDICATION PARTIES:
AGFIRST, FCB
By:
---------------------------------------
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
Contact Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
Address: ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 803/▇▇▇-▇▇▇▇ ▇▇▇▇
Fax No.: 803/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $38,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
AgFirst Farm Credit Bank
ABA# - ▇▇▇▇▇▇▇▇▇
Acct. Name: AgFirst FCB
Account No.: N/A
Attn: N/A
Ref: Cenex Harvest States Coop
19
SYNDICATION PARTIES:
NATEXIS BANQUES POPULAIRES, NEW YORK BRANCH
By:
---------------------------------------
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President, Commodities Group
Contact Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President, Commodities Group
Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 212/▇▇▇-▇▇▇▇
Fax No.: 212/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $28,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Chase Manhattan Bank, NY, NY
ABA# - ▇▇▇-▇▇▇-▇▇▇
Acct. Name: Natexis Banques Populaires,
New York Branch
Account No.: ▇▇▇-▇-▇▇▇▇▇
Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇
Ref: Cenex Harvest States Cooperatives
20
SYNDICATION PARTIES:
BANK OF AMERICA, N.A., FORMERLY BANK OF
AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
By:
---------------------------------------
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
Title: Vice President
Contact Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
Title: Vice President
Address: ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇
▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 312/▇▇▇-▇▇▇▇
Fax No.: 312/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $0.00
Individual 5-Year Commitment: $31,666,667.00
Payment Instructions:
Bank of America, N.A.
ABA - ▇▇▇▇▇▇▇▇▇
Acct. Name: Credit Services
Attention: ▇▇▇▇▇ ▇▇▇▇▇▇
Ref: Cenex Harvest States Cooperatives
21
SYNDICATION PARTIES:
NATIONAL CITY BANK OF INDIANA
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name:
Title:
Address:
Phone No.:
Fax No.:
Individual 364-Day Commitment: $13,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Bank _____
ABA -
Acct. Name:
Attention:
Ref: Cenex Harvest States Cooperatives
22
SYNDICATION PARTIES:
DEERE CREDIT, INC.
By:
---------------------------------------
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Manager Credit
Operations/Administration
Contact Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Manager Credit
Operations/Administration
Address: ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇.▇. ▇▇▇ ▇▇▇▇-▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇
Phone No.: 515/▇▇▇-▇▇▇▇
Fax No.: 515/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $38,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Bank: Bank One
Bank Address: Chicago, IL
ABA - ▇▇▇▇▇▇▇▇▇
Acct. Name: Deere Credit Services
Account Number - 51-52135
Ref: Cenex Harvest States Cooperatives
23
SYNDICATION PARTIES:
▇▇▇▇▇▇ TRUST AND SAVINGS BANK
By:
---------------------------------------
Name:
-------------------------------------
Title:
------------------------------------
Contact Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President
Address: ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Phone No.: 312/▇▇▇-▇▇▇▇
Fax No.: 312/▇▇▇-▇▇▇▇
Individual 364-Day Commitment: $29,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Bank: ▇▇▇▇▇▇ Trust and Savings Bank,
Chicago, IL
ABA#: ▇▇▇▇▇▇▇▇▇
Credit Account #▇▇▇▇▇▇▇ Credit Services
Notify: ▇▇▇▇▇▇ ▇▇▇▇▇▇ 461-3118
Ref: Cenex Harvest States Cooperatives
24
