REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH AVENTINE RENEWABLE ENERGY HOLDINGS, INC. AND AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC AVENTINE RENEWABLE ENERGY, INC. AVENTINE RENEWABLE ENERGY —...Security Agreement • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Illinois
Revolving Credit and Security Agreement dated as of March 15, 2010 among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Holdings”), AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC, a Delaware limited liability company (“Aventine Renewable Aurora”), AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“Aventine Renewable Inc.”), AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, a Delaware limited liability company (“Aventine Renewable Mt Vernon”), AVENTINE POWER, L.L.C., a Delaware limited liability company (“Aventine Power”), NEBRASKA ENERGY, LLC, a Kansas limited liability company (“Nebraska Energy” and together with Holdings, Aventine Renewable Aurora, Aventine Renewable Inc., Aventine Renewable Mt Vernon, Aventine Power and Nebraska Energy, the “Borrowers”, and each individually a “Borrower”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATI
INDENTURE DATED AS OF MARCH 15, 2010, AMONG AVENTINE RENEWABLE ENERGY HOLDINGS, INC., AS ISSUER, THE GUARANTORS NAMED HEREIN, AS GUARANTORS, AND WILMINGTON TRUST FSB, AS TRUSTEE AND COLLATERAL AGENT 13% SENIOR SECURED NOTES DUE 2015Indenture • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
INDENTURE, dated as of March 15, 2010, among Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), the Guarantors (as herein defined) and Wilmington Trust FSB, as trustee (in such capacity, the “Trustee”) and collateral agent (in such capacity, the “Collateral Agent”).
WARRANT AGREEMENTWarrant Agreement • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
AGREEMENT dated as of March 15, 2010 between Aventine Renewable Energy Holdings, Inc., a Delaware corporation (referred to herein as the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company, as warrant agent (referred to herein as the “Warrant Agent”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is entered into, effective as of March , 2010, between Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), and [NAME OF DIRECTOR] (“Indemnitee”).
1,710,000 SHARES AVENTINE RENEWABLE ENERGY HOLDINGS, INC. COMMON STOCK, PAR VALUE $0.001 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), is issuing and selling to certain affiliates of the parties listed on Annex I (each a “Backstop Purchaser” and collectively, the “Backstop Purchasers”) and the other Holders (as defined below) listed on Annex II together with such affiliates, in connection with that certain First Amended Joint Plan of Reorganization of the Company dated January 13, 2010 (as amended or modified from time to time, the “Plan”), as confirmed by the confirmation order entered by the United States Bankruptcy Court for the District of Delaware on February 24, 2010 (the “Confirmation Order”), in the reorganization proceeding styled In re Aventine Renewable Energy Holdings, Inc., et al., Case No. 09-11214 (KG), 1,710,000 shares of the Company’s common stock, par value $0.001 (the “Common Stock”). As an inducement to the Backstop Purchasers to support the Plan, the Company agrees with the Majority Backstop Purchasers (as defined be
AVENTINE RENEWABLE ENERGY HOLDINGS, INC. 13% SENIOR SECURED NOTES DUE 2015 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), is issuing and selling to certain affiliates of the parties listed on Annex I (each a “Backstop Purchaser” and collectively, the “Backstop Purchasers”) and the other Holders (as defined below) listed on Annex II together with such affiliates, in connection with that certain First Amended Joint Plan of Reorganization of the Company dated January 13, 2010 (as amended or modified from time to time, the “Plan”), as confirmed by the confirmation order entered by the United States Bankruptcy Court for the District of Delaware on February 24, 2010 (the “Confirmation Order”), in the reorganization proceeding styled In re Aventine Renewable Energy Holdings, Inc., et al., Case No. 09-11214 (KG), $105,000,000 aggregate principal amount of 13% Senior Secured Notes due 2015 (each, together with the related guarantees, a “Note” and collectively, the “Notes”). As an inducement to the Backstop Purchasers to support the P
