FORBEARANCE AGREEMENTForbearance Agreement • February 9th, 2009 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
THIS FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of February 2, 2009, by and among HEARTLAND GRAIN FUELS, L.P., a Delaware limited partnership (the “Borrower”), DAKOTA FUELS, INC. and ABE HEARTLAND, LLC (together, the “Pledgors” and, together with the Borrower, the “Loan Parties” and each a “Loan Party”), WESTLB AG, NEW YORK BRANCH, for itself and as agent (the “Agent”) for the financial institutions from time to time party hereto as lenders and, in certain instances, as Interest Rate Protection Providers (together, the “Lenders”), and the Lenders (the Lenders and the Agent together, the “Forbearing Parties” and each a “Forbearing Party” and together with the Loan Parties, the “Parties”).
