AMENDMENT TO THE CONSTRUCTION AND TERM LOAN SUPPLEMENTConstruction and Term Loan Supplement • October 23rd, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS AMENDMENT is entered into as of October 5, 2007, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
STATUSED REVOLVING CREDIT SUPPLEMENTAdvanced BioEnergy, LLC • October 23rd, 2007 • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated November 20, 2006, (the “MLA”), is entered into as of October 5, 2007, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
WARRANT TO PURCHASE UNITS OF ADVANCED BIOENERGY, LLCHGF Credit Agreement • October 23rd, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
This Warrant to Purchase Units (this “Warrant”) certifies that, for good and valuable consideration, PJC CAPITAL LLC, a Delaware limited liability company (along with its permitted assignees, the “Holder”) is entitled to purchase from ADVANCED BIOENERGY, LLC, a Delaware limited liability company (the “Company”), 450,000 fully paid and nonassessable Units (as defined in the Company’s Third Amended and Restated Operating Agreement dated February 1, 2006 (the “LLC Agreement”, the “Units”) of the Company, as adjusted pursuant to Section 3 hereof (the “Warrant Units”), at an exercise price per Unit equal to $14.00 (as adjusted pursuant to Section 3 hereof) (the “Exercise Price”), subject to the provisions and upon the terms and conditions hereinafter set forth. This Warrant is issued in connection with the Secured Term Loan Note made by the Company in favor of the initial Holder dated as of the date hereof (the “Note”). Unless otherwise defined in this Warrant, capitalized terms defined in
SECURED TERM LOAN NOTEAdvanced BioEnergy, LLC • October 23rd, 2007 • Industrial organic chemicals • New York
FOR VALUE RECEIVED, the undersigned, ADVANCED BIOENERGY, LLC, a Delaware limited liability company (as more fully defined below, “Borrower”), hereby unconditionally promises to pay to the order of PJC CAPITAL LLC, a Delaware limited liability company (including its successors, assigns, pledgees, transferees and participants, collectively, “Lender”), on or before the Maturity Date on the dates, in the manner and otherwise in accordance with the terms and conditions of this Note the principal sum of TEN MILLION DOLLARS ($10,000,000), on the terms and conditions set forth herein, together with all accrued but unpaid interest thereon computed as set forth below and all unpaid fees, expenses, indemnities and other advances connected herewith. Capitalized terms used but not otherwise defined herein shall have the meaning given to them in Section 13.
AMENDMENT TO THE MASTER LOAN AGREEMENTMaster Loan Agreement • October 23rd, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS AMENDMENT is entered into as of October 5, 2007, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
AMENDMENT TO THE STATUSED REVOLVING CREDIT SUPPLEMENTAdvanced BioEnergy, LLC • October 23rd, 2007 • Industrial organic chemicals
THIS AMENDMENT is entered into as of October 5, 2007, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
MEMBERSHIP INTEREST PLEDGE AGREEMENTPledge Agreement • October 23rd, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
This MEMBERSHIP INTEREST PLEDGE AGREEMENT (this “Agreement”) dated as of October 17, 2007, is entered into by ADVANCED BIOENERGY, LLC, a Delaware limited liability company (“Pledgor”), in favor of the Secured Party (as defined below).
