0001104659-08-038877 Sample Contracts

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • June 9th, 2008 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Agreement”), dated as of February 22, 2008, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), each of the Lenders party hereto, WESTLB AG, NEW YORK BRANCH, as administrative agent for the Lenders, WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties, and STERLING BANK, a Texas banking corporation, as accounts bank.

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SUPPLEMENTAL INDENTURE
Supplemental Indenture • June 9th, 2008 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

SUPPLEMENTAL INDENTURE dated as of March 27, 2008 among Nova Biosource Fuels, Inc., a Nevada corporation (including any successors or assigns, the “Company”), Nova Holding Clinton County, LLC and Nova Biofuels Clinton County, LLC, each a Delaware limited liability company, as guarantors, and The Bank of New York Trust Company, N.A., a national banking association, as trustee (the “Trustee”).

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • June 9th, 2008 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

This SECOND AMENDMENT TO CREDIT AGREEMENT (this “Agreement”), dated as of April 17, 2008, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), each of the Lenders party hereto, WESTLB AG, NEW YORK BRANCH, as administrative agent for the Lenders, WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties, and STERLING BANK, a Texas banking corporation, as accounts bank.

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