SEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Seventh Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of August 31, 2007, is by and among GLOBAL ETHANOL, LLC, formerly known as Midwest Grain Processors, LLC, a Delaware limited liability company (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer ( in such capacity, the “Agent”).
SUPPORT AND SUBORDINATION AGREEMENTSupport and Subordination Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
This Support and Subordination Agreement (this “Agreement”) is entered into as of October 22, 2010, by and among GREEN PLAINS HOLDINGS II LLC (the “Borrower”), a Delaware limited liability company formerly known as Global Ethanol, LLC, which was formerly known as Midwest Grain Processors, LLC, GREEN PLAINS RENEWABLE ENERGY, INC., an Iowa corporation (the “Parent”), and COBANK, ACB, a federally chartered banking organization, as administrative agent under the Loan Agreement described below (in such capacity, the “Agent”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of December 14, 2005 among MIDWEST GRAIN PROCESSORS COOPERATIVE, AND MIDWEST GRAIN PROCESSORS, LLC, as Borrower, COBANK, ACB, as Agent and VARIOUS FINANCIAL INSTITUTIONS, as LendersLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as amended, modified, supplemented, renewed or restated from time to time, the “Agreement”) is made as of December 14, 2005, by and among MIDWEST GRAIN PROCESSORS COOPERATIVE, an Iowa cooperative corporation, and MIDWEST GRAIN PROCESSORS, LLC, a Delaware limited liability company (each a “Borrower” and collectively, “Borrower”, as the context may require), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party hereto in accordance with the provisions hereof (collectively the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer (in such capacity, the “Agent”).
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This First Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of February 28, 2006, is by and among MIDWEST GRAIN PROCESSORS COOPERATIVE, an Iowa cooperative corporation, and MIDWEST GRAIN PROCESSORS, LLC, a Delaware limited liability company (each a “Borrower” and collectively, “Borrower”, as the context may require), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer ( in such capacity, the “Agent”).
FOURTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND SECOND AMENDMENT TO FORBEARANCE AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
This Fourteenth Amendment to Amended and Restated Loan and Security Agreement and Second Amendment to Forbearance Agreement (this “Agreement”) is entered into as of November 30, 2009 by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and, individually, a “Lender”), and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
AGREEMENT AND PLAN OF MERGER AMONG GREEN PLAINS RENEWABLE ENERGY, INC., GPMS, INC. GLOBAL ETHANOL, LLC AND GLOBAL ETHANOL, INC. SEPTEMBER 28, 2010Agreement and Plan of Merger • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Iowa
This Merger Agreement (this “Agreement”) is entered into on September 28, 2010 by and among Green Plains Renewable Energy, Inc., an Iowa corporation (“Green Plains”), GPMS, Inc., a Delaware corporation and a wholly-owned subsidiary of Green Plains (“Merger Sub”), Global Ethanol, LLC, a Delaware limited liability company (“Global Ethanol”), and Global Ethanol, Inc., a Delaware corporation ( “GEI”). Each of Green Plains, Merger Sub, Global Ethanol and GEI are referred to herein as a “Party” and collectively as the “Parties.”
FIFTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND THIRD AMENDMENT TO FORBEARANCE AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
This Fifteenth Amendment to Amended and Restated Loan and Security Agreement and Third Amendment to Forbearance Agreement (this “Agreement”) is entered into as of June 30, 2010 by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and, individually, a “Lender”), and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
NINTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Ninth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of October 31, 2008, is by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and individually, a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
EIGHTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Eighth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of November 30, 2007, is by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company, formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement referred to below (in such capacity, the “Agent”).
TENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Tenth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of December 22, 2008, is by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders”, and individually, a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND FORBEARANCE AGREEMENTLoan and Security Agreement and Forbearance Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
This Amendment to Amended and Restated Loan and Security Agreement and Forbearance Agreement (this “Agreement”) is entered into as of September 30, 2009, by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and individually, a “Lender”), and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
WARRANT TO PURCHASE COMMON STOCK OF GREEN PLAINS RENEWABLE ENERGY, INC.Green Plains Renewable Energy, Inc. • October 22nd, 2010 • Industrial organic chemicals • Iowa
This Warrant is issued by the Company pursuant to the terms of the Merger Agreement dated as of , 2010, (the “Merger Agreement”), by and among the Company, Global Ethanol, LLC and Global Ethanol, Inc. Terms not otherwise defined herein shall have the meaning set forth in the Merger Agreement.
FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of October 31, 2006, is by and among MIDWEST GRAIN PROCESSORS, LLC, a Delaware limited liability company (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer ( in such capacity, the “Agent”).
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Second Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of March 31, 2006, is by and among MIDWEST GRAIN PROCESSORS COOPERATIVE, an Iowa cooperative corporation (“Midwest Grain Processors Cooperative”), and MIDWEST GRAIN PROCESSORS, LLC, a Delaware limited liability company (“Midwest Grain Processors, LLC”) (Midwest Grain Processors Cooperative and Midwest Grain Processors, LLC are each a “Borrower” and collectively, are the “Borrower”, as the context may require), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer ( in such capacity, the “Agent”).
FORBEARANCE AGREEMENT AND TWELFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTForbearance Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
This Forbearance Agreement and Twelfth Amendment to Amended and Restated Loan and Security Agreement (this “Agreement”) is entered into as of July 31, 2009, by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and individually, a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
SIXTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND FOURTH AMENDMENT TO FORBEARANCE AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
This Sixteenth Amendment to Amended and Restated Loan and Security Agreement and Fourth Amendment to Forbearance Agreement (this “Agreement”) is entered into as of October 22, 2010 by and among GREEN PLAINS HOLDINGS II LLC (the “Borrower”), a Delaware limited liability company formerly known as Global Ethanol, LLC, which was formerly known as Midwest Grain Processors, LLC, the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and, individually, a “Lender”), and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
ELEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Eleventh Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of March 4, 2009, is by and among GLOBAL ETHANOL, LLC, a Delaware limited liability company formerly known as Midwest Grain Processors, LLC (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement referred to below (collectively, the “Lenders,” and individually, a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as agent for the Lenders and for the Issuer, as defined in the Loan Agreement (in such capacity, the “Agent”).
FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Fifth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of February 22, 2007, is by and among GLOBAL ETHANOL, LLC, formerly known as Midwest Grain Processors, LLC, a Delaware limited liability company (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer ( in such capacity, the “Agent”).
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
This Third Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) dated as of September 22, 2006, is by and among MIDWEST GRAIN PROCESSORS, LLC, a Delaware limited liability company (the “Borrower”), the financial institutions listed on the signature pages hereof and each other financial institution that may hereafter become a party to the Loan Agreement in accordance with the provisions of the Loan Agreement (collectively, the “Lenders” and individually a “Lender”) and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as Agent for the Lenders and for the Issuer ( in such capacity, the “Agent”).
