0001104659-03-018675 Sample Contracts

CREDIT AGREEMENT dated as of July 29, 2003 between WESTERN PLAINS ENERGY, LLC as Borrower and AGCOUNTRY FARM CREDIT SERVICES, FLCA as Lender
Credit Agreement • August 14th, 2003 • Western Plains Energy LLC • Industrial organic chemicals • North Dakota

THIS CREDIT AGREEMENT (this “Agreement”) is made and entered into as of July 29, 2003, by and between WESTERN PLAINS ENERGY, LLC, a Kansas limited liability company (“Borrower”) and AGCOUNTRY FARM CREDIT SERVICES, FLCA (“Lender”).

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THIRD AMENDED AND RESTATED OPERATING AGREEMENT OF WESTERN PLAINS ENERGY, L.L.C. July 7, 2003
Operating Agreement • August 14th, 2003 • Western Plains Energy LLC • Industrial organic chemicals • Kansas

This Third Amended and Restated Operating Agreement of Western Plains Energy, L.L.C., is hereby adopted and entered into effective as of the 7th day of July, 2003, for good and valuable consideration, by the Company (as defined below) and the Members (as defined below). This Third Amended and Restated Operating Agreement amends and restates in its entirety that certain Second Amended and Restated Operating Agreement dated April 19, 2002 by and among the Company and the Members.

CONSTRUCTION AND TERM LOAN NOTE
Construction and Term Loan Note • August 14th, 2003 • Western Plains Energy LLC • Industrial organic chemicals

FOR VALUE RECEIVED, the undersigned, Western Plains Energy, LLC, a Kansas limited liability company (“Borrower”), hereby promises to pay to AgCountry Farm Credit Services, FLCA (together with any subsequent holder hereof, “Lender”) or its successors and assigns, at Post Office Box 6020, 1749 38th Street Southwest, Fargo, North Dakota 58108, (i) on the Maturity Date (as defined in the Credit Agreement dated as of July 29, 2003 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), between Borrower and Lender, the lesser of the principal sum of Twenty Two Million and No/100 Dollars ($22,000,000.00) and the aggregate unpaid principal amount of the Construction and Term Loans (as defined in the Credit Agreement) made by Lender to Borrower pursuant to the Credit Agreement, and (ii) on each date specified in the Credit Agreement prior to the Maturity Date, the principal amount of the Construction and Term Loans payable to Lender

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