VOTING AGREEMENTAdoption Agreement • September 27th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
This VOTING AGREEMENT (this “Agreement”) dated September 24, 2010, is entered into by and among Biofuel Energy Corp., a Delaware corporation (the “Company”), and each of the Persons listed on Schedule I attached hereto (including, with their permitted transferees or assigns, collectively, the “Stockholders”). This Agreement shall become effective as of the Closing (as defined therein) of that certain proposed registered rights offering for Series A Convertible Preferred Stock of the Company (or depository interests in respect thereof) (the “Rights Offering”) as further described in that certain Loan Agreement and Rights Offering Letter Agreement, each dated as of even date herewith by and among the Company, each of the Stockholders and the other signatories thereto (the “Loan Agreement” and the “Rights Offering Letter Agreement”, respectively).
Greenlight Capital, LP Greenlight Capital Qualified, LP Greenlight Capital (Gold), LP Greenlight Capital Offshore Partners Greenlight Capital Offshore Master (Gold), Ltd. Greenlight Reinsurance, Ltd. September 24, 2010Adoption Agreement • September 27th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • New York
This Backstop Rights Offering Agreement (this “Letter Agreement”) is entered into pursuant to and in connection with that certain Loan Agreement, dated as of even date herewith (the “Loan Agreement”), by and among BioFuel Energy Corp. (“BFE Corp.”), Greenlight Capital Offshore Partners, Greenlight Capital, L.P., Greenlight Capital Qualified, L.P., Greenlight Reinsurance, Ltd. (collectively, “Greenlight”), the other lenders identified as lenders on Schedule 1.1(A) thereto (together with Greenlight, the “Lenders”), and Greenlight APE, LLC, in its capacity as administrative agent for the Lenders. Under the Loan Agreement, the Lenders have agreed to make a term loan to BFE Corp. in the aggregate principal amount of $19,420,620 (the “Bridge Loan”).
VOTING AGREEMENTAdoption Agreement • September 27th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
This VOTING AGREEMENT (this “Agreement”) dated September 24, 2010, is entered into by and among Biofuel Energy Corp., a Delaware corporation (the “Company”), and each of the Persons listed on Schedule I attached hereto (including, with their permitted transferees or assigns, collectively, the “Stockholders”). This Agreement shall become effective as of the Closing (as defined therein) of that certain proposed registered rights offering for Series A Convertible Preferred Stock of the Company (or depository interests in respect thereof) (the “Rights Offering”) as further described in that certain Loan Agreement and Rights Offering Letter Agreement, each dated as of even date herewith by and among the Company, each of the Stockholders and the other signatories thereto (the “Loan Agreement” and the “Rights Offering Letter Agreement”, respectively).
LOAN AGREEMENT by and among BIOFUEL ENERGY CORP. and THE LENDERS PARTY HERETO and GREENLIGHT APE, L.L.C., as Administrative Agent September 24, 2010Loan Agreement • September 27th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • New York
THIS LOAN AGREEMENT (this “Agreement”) dated September 24, 2010, is entered into by and among BioFuel Energy Corp., a Delaware corporation (“Borrower”), the lenders listed as lenders on Schedule 1.1(A) attached hereto (the “Lenders”), and Greenlight APE, LLC, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administrative Agent”).
