Construction And Term Loan Agreement Sample Contracts

Construction and Term Loan Agreement (February 16th, 2018)
Investors Real Estate Trust – Construction and Term Loan Agreement (March 21st, 2013)

This Agreement is made as of March 15, 2013, by and among IRET-WRH 1, LLC, a North Dakota limited liability company (the "Borrower"), and FIRST INTERNATIONAL BANK & TRUST, a North Dakota state bank, its successors and assigns, as administrative agent (referred to in such capacity as "Administrative Agent" in this Agreement) and collateral agent (referred to in such capacity as "Collateral Agent" in this Agreement), and FIRST INTERNATIONAL BANK & TRUST, a North Dakota state bank, BANK OF NORTH DAKOTA, a North Dakota state bank, and each of the other lending institutions from time to time party hereto (each such lending institution and their respective successors and assigns, referred to individually or collectively, as the context shall infer, as the "Lender").

REX American Resources – Eighth Amendment to Construction and Term Loan Agreement (September 9th, 2010)

THIS EIGHTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this Amendment), dated as of September 1, 2010, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the Borrower), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and GE BUSINESS FINANCIAL SERVICES INC. (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the Administrative Agent).

Show Me Ethanol, LLC – Fourth Amendment to Construction and Term Loan Agreement (January 5th, 2010)

THIS FOURTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT ("Fourth Amendment") dated as of the 31st day of December 2009 (the "Effective Date"), is entered into by and between SHOW ME ETHANOL, LLC, a Missouri limited liability company (the "Borrower") and FCS FINANCIAL, PCA, as agent (the "Agent") for itself and on behalf of the other Banks.

REX American Resources – Seventh Amendment to Construction and Term Loan Agreement (September 9th, 2009)

THIS SEVENTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment"), dated as of September 4, 2009, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and GE BUSINESS FINANCIAL SERVICES INC. (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

REX American Resources – Fifth Amendment to Construction and Term Loan Agreement (April 16th, 2009)

THIS FIFTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this Amendment), dated as of May 31, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the Borrower), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and GE BUSINESS FINANCIAL SERVICES INC., formerly known as Merrill Lynch Business Financial Services Inc.1 (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the Administrative Agent).

REX American Resources – Fourth Amendment to Construction and Term Loan Agreement (April 16th, 2009)

THIS FOURTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this Amendment), dated as of May 31, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the Borrower), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the Administrative Agent).

REX American Resources – Sixth Amendment to Construction and Term Loan Agreement (April 16th, 2009)

THIS SIXTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this Amendment), dated as of January 29, 2009, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the Borrower), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and GE BUSINESS FINANCIAL SERVICES INC., formerly known as Merrill Lynch Business Financial Services Inc.1 (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the Administrative Agent).

Show Me Ethanol, LLC – Third Amendment to Construction and Term Loan Agreement (April 6th, 2009)
Show Me Ethanol, LLC – Second Amendment to Construction and Term Loan Agreement (March 31st, 2009)

THIS AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT ("Second Amendment") dated as of the 30th day of December, 2008 (the "Effective Date"), is entered into by and between SHOW ME ETHANOL, LLC, a Missouri limited liability company (the "Borrower") and FCS FINANCIAL, PCA, as agent (the "Agent") for itself and on behalf of the other Banks.

First Amendment to Construction and Term Loan Agreement (August 7th, 2008)

THIS FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment") is made and entered into as of August 6, 2008, by and between CITRUS CORP., a Delaware corporation (the "Borrower"), PIPELINE FUNDING COMPANY, LLC, a Delaware limited liability company, and the additional lenders party to the Loan Agreement (as defined below) from time to time (collectively, the "Lenders"), and PIPELINE FUNDING COMPANY, LLC, a Delaware limited liability company, as Administrative Agent (as defined in the Loan Agreement) (the Borrower, the Lenders and the Agent are sometimes referred as a "Party" and collectively as the "Parties").

Show Me Ethanol, LLC – First Amendment to Construction and Term Loan Agreement (June 10th, 2008)

THIS AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT ("Amendment") dated as of June 2, 2008, is entered into by and between SHOW ME ETHANOL, LLC, a Missouri limited liability company (the "Borrower") and FCS FINANCIAL, PCA, as agent (the "Agent") for itself and on behalf of the other Banks.

REX American Resources – First Amendment to Construction and Term Loan Agreement and Other Loan Documents (April 14th, 2008)

THIS FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTS (this "Amendment"), dated as of August 7, 2007, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

REX American Resources – Third Amendment to Construction and Term Loan Agreement (April 14th, 2008)

THIS THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment"), dated as of February 19, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

REX American Resources – Second Amendment to Construction and Term Loan Agreement (April 14th, 2008)

THIS SECOND AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment"), dated as of February 15, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").

CONSTRUCTION AND TERM LOAN AGREEMENT Dated as of February 5, 2008 Among CITRUS CORP. AsBorrower and PIPELINE FUNDING COMPANY, LLC asLender and PIPELINE FUNDING COMPANY, LLC as Administrative Agent (February 8th, 2008)

This CONSTRUCTION AND TERM LOAN AGREEMENT (the "Agreement") is among CITRUS CORP., a Delaware corporation ("Citrus" or the "Borrower"), PIPELINE FUNDING COMPANY, LLC, a Delaware limited liability company, and the additional lenders party hereto from time to time (collectively, the "Lenders"), and PIPELINE FUNDING COMPANY, LLC, a Delaware limited liability company, as Administrative Agent (as defined below) (the Borrower, the Lenders and the Agent are sometimes referred as a "Party" and collectively as the "Parties").

Otter Tail Ag Enterprises, LLC – CONSTRUCTION AND TERM LOAN AGREEMENT by and Among OTTER TAIL AG ENTERPRISES, LLC, a Minnesota Limited Liability Company and MMCDC NEW MARKETS FUND II, LLC a Delaware Limited Liability Company (January 28th, 2008)

THIS CONSTRUCTION AND TERM LOAN AGREEMENT (this Agreement), dated as of March 30, 2007 between MMCDC NEW MARKETS FUND II, LLC, a Delaware limited liability company (the Lender) and OTTER TAIL AG ENTERPRISES, LLC, Minnesota limited liability company (the Borrower).

Show Me Ethanol, LLC – CONSTRUCTION AND TERM LOAN AGREEMENT by and Among SHOW ME ETHANOL, LLC and FCS FINANCIAL, PCA Administrative Agent and the Banks Named Herein Dated as of MARCH 1, 2007 (August 6th, 2007)

THIS CONSTRUCTION AND TERM LOAN AGREEMENT dated as of March 1, 2007, is entered into by and among SHOW ME ETHANOL, LLC, a Missouri limited liability company (the "Borrower") and FCS FINANCIAL, PCA ("FCS") and the additional commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties hereto pursuant to Section 8.07 of this Agreement (FCS and such other additional commercial, banking or financial institutions are sometimes referred to hereinafter collectively as the "Banks" and individually as a "Bank"), and FCS FINANCIAL, PCA, as agent (the "Agent") for itself and the other Banks. In consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, he

Show Me Ethanol, LLC – CONSTRUCTION AND TERM LOAN AGREEMENT by and Among SHOW ME ETHANOL, LLC and FCS FINANCIAL, PCA Administrative Agent and the Banks Named Herein Dated as of MARCH 1, 2007 (April 30th, 2007)

THIS CONSTRUCTION AND TERM LOAN AGREEMENT dated as of March 1, 2007, is entered into by and among SHOW ME ETHANOL, LLC, a Missouri limited liability company (the "Borrower") and FCS FINANCIAL, PCA ("FCS") and the additional commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties hereto pursuant to Section 8.07 of this Agreement (FCS and such other additional commercial, banking or financial institutions are sometimes referred to hereinafter collectively as the "Banks" and individually as a "Bank"), and FCS FINANCIAL, PCA, as agent (the "Agent") for itself and the other Banks. In consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, he

REX American Resources – CONSTRUCTION AND TERM LOAN AGREEMENT Dated as of September 27, 2006 Among MERRILL LYNCH CAPITAL, a Division of Merrill Lynch Business Financial Services Inc., as Administrative Agent, Sole Bookrunner and Sole Lead Arranger, the Lenders, and LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC as Borrower (April 16th, 2007)

This CONSTRUCTION AND TERM LOAN AGREEMENT is dated as of September 27, 2006, among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a limited liability company organized and existing under the laws of the State of Texas having its principal office at 1012 Austin Street, Levelland, Texas 79336 (together with its successors and permitted assigns, "Borrower"), each of Lenders that is a signatory hereto or which becomes a signatory hereto pursuant to Section 11.20 hereof (individually, together with its successors and assigns, a "Lender" and collectively, "Lenders"), and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a corporation organized and existing under the laws of the State of Delaware having its principal office at 222 North LaSalle Street, Chicago, IL 60601, as administrative agent for Lenders (in such capacity, "Administrative Agent").

Westmoreland Coal Company – Amendment No.5 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

This AMENDMENT NO. 5 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of August 23, 2000 (this Amendment), is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower, (ii) CREDIT SUISSE FIRST BOSTON, NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SANWA BANK LIMITED, UNION BANK, THE FUJI BANK LIMITED, New York Branch, CREDIT LYONNAIS, New York Branch, CREDIT LYONNAIS, Cayman Island Branch, LANDESBANK HESSEN-THURINGEN GIROZENTRALE and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA as Institutional Lender and as Institutional Agent (together with its successors in each such capacity) and each Purchasing Institutional Lender, (iv) CREDIT SUISSE FIRST BOSTON, New York Branch, as the Issuing Bank, (together with its successors in each such capacity) (v) CREDIT SUISSE FIRST BOSTON, NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA and THE SUMITOMO B

Westmoreland Coal Company – Amendment No. 3 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

This AMENDMENT NO. 3 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of January 31, 1995, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower, (ii) CREDIT SUISSE, NATIONAL WESTMINSTER BANK plc, THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SUMITOMO TRUST AND BANKING CO., LTD., New York Branch, THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, UNION BANK, UNION BANK OF SWITZERLAND, THE FUJI BANK LIMITED, Los Angeles Agency, CREDIT LYONNAIS, New York Branch, CREDIT SUISSE. Cayman island Branch, THE TORONTO-DOMINION BANK and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and each Purchasing Institutional Lender, as Institutional Lenders, (iv) CREDIT SUISSE, New York Branch, as the Issuing Bank, (v) CREDIT SUISSE, NATIONAL WESTMINSTER BANK plc, THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED, New York Branch, as Co-Agents, and (vi) CREDIT SUISSE,

Westmoreland Coal Company – Amendment No. 9 to Amended and Restated Construction and Term Loan Agreement and Consent (November 6th, 2006)

THIS AMENDMENT NO. 9 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND CONSENT (this Amendment and Consent), dated as of March 1, 2002 is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower (the Borrower), (ii) CREDIT SUISSE FIRST BOSTON, NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA, SUMITOMO MITSUI BANKING CORPORATION (formerly known as The Sumitomo Bank Limited), New York Branch, UFJ BANK LIMITED (formerly known as The Sanwa Bank Limited), UNION BANK OF CALIFORNIA, N.A., THE FUJI BANK LIMITED, New York Branch, CREDIT LYONNAIS, New York Branch, CREDIT LYONNAIS, Cayman Island Branch, LANDESBANK HESSEN-THURINGEN GIROZENTRALE and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as Institutional Lender and as Institutional Agent and each Purchasing Institutional Lender, (iv) CREDIT SUISSE FIRST BOSTON, New York Branch, as Issuing Bank (v) DEXIA CREDIT LOCAL, NEW YORK AGENCY (Dexia), as Bond L/

Westmoreland Coal Company – Amendment No. 4 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

This AMENDMENT NO. 4 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of October 19, 1995, by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower, (ii) CREDIT SUISSE, NATIONAL WESTMINSTER BANK Plc, THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SUMITOMO TRUST AND BANKING CO., LTD., New York Branch, THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, UNION BANK, UNION BANK OF SWITZERLAND, THE FUJI BANK LIMITED, Los Angeles Agency, CREDIT LYONNAIS, New York Branch, CREDIT SUISSE, Cayman Island Branch, THE TORONTO-DOMINION BANK and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and each Purchasing Institutional Lender, as Institutional Lenders, (iv) CREDIT SUISSE, New York Branch, as the Issuing Bank, (v) CREDIT SUISSE, NATIONAL WESTMINSTER BANK Plc, THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED, New York Branch, as Co-Agents, and (vi) CREDIT SUISSE, as Agent

Westmoreland Coal Company – Amendment No. 1 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

This AMENDMENT NO. 1 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of November 4, 1994, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower, (ii) CREDIT SUISSE, NATIONAL WESTMINSTER BANK plc, THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SUMITOMO TRUST AND BANKING CO., LTD., New York Branch, THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, UNION BANK, UNION BANK OF SWITZERLAND, THE FUJI BANK LIMITED, Los Angeles Agency, CREDIT LYONNAIS, New York Branch, CREDIT SUISSE, Cayman Island Branch, THE TORONTO-DOMINION BANK and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and each Purchasing Institutional Lender, as institutional Lenders, (iv) CREDIT SUISSE, New York Branch, as the Issuing Bank, (v) CREDIT SUISSE, NATIONAL WESTMINSTER BANK plc, THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED, New York Branch, as Co-Agents, and (vi) CREDIT SUISSE,

Westmoreland Coal Company – Amendment No. 7 to Amended and Restated Construction and Term Loan Agreement and Amendment to Certain Security Documents (November 6th, 2006)

AMENDMENT NO. 7 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND AMENDMENT TO CERTAIN SECURITY DOCUMENTS (this Amendment No. 7), dated as of November 15, 2000, among Westmoreland-LG&E Partners, a Virginia general partnership (the Borrower), the banks party to the Credit Agreement (as defined below) as Lenders, The Prudential Insurance Company of America and each Purchasing Institutional Lender, (The Institutional Lenders), The Prudential Insurance Company of America (the Institutional Agent), Credit Suisse First Boston, as Agent (together with its successors in such capacity, the Agent), Credit Suisse First Boston, NIB Capital Bank N.V., The Bank of Nova Scotia and The Sumitomo Bank, Limited, New York Branch, as Co-Agents (together with their successors in such capacity, each a Co-Agent and, collectively, the Co-Agents), and Credit Suisse First Boston, New York Branch as Issuing Bank (together with its successors in such capacity, the Issuing Bank).

Westmoreland Coal Company – AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT Among WESTMORELAND- LG&E PARTNERS, (As Borrower) and CREDIT SUISSE NATIONAL WESTMINSTER BANK Plc THE BANK OF NOVA SCOTIA THE SUMITOMO BANK, LIMITED, New York Branch THE SUMITOMO TRUST AND BANKING CO., LTD., New York Branch THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch UNION BANK UNION BANK OF SWITZERLAND THE FUJI BANK LIMITED, Los Angeles Agency CREDIT LYONNAIS New York Branch CREDIT LYONNAIS, Cayman Island Branch THE TORONTO-DOMINION BANK (As Lenders) and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (As Institutional Lender) and CR (November 6th, 2006)

This AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of December 1, 1993, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership (Borrower), (ii) CREDIT SUISSE, NATIONAL WESTMINSTER BANK Plc, THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SUMITOMO TRUST AND BANKING CO., LTD., New York Branch, THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, UNION BANK, UNION BANK OF SWITZERLAND, THE FUJI BANK LIMITED, Los Angeles Agency, CREDIT LYONNAIS New York Branch, CREDIT LYONNAIS, Cayman Island Branch, THE TORONTO-DOMINION BANK and each Purchasing Lender (the Lenders), (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Prudential) and each Purchasing Institutional Lender (the Institutional Lenders), (iv) CREDIT SUISSE, New York Branch, as the issuing bank (the Issuing Bank), (v) CREDIT SUISSE, NATIONAL WESTMINSTER BANK Plc, THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED, New York Branch, as co-agents (Co-Agent

Westmoreland Coal Company – Amendment No. 5 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

THIS AMENDMENT NO. 5 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of December 15, 1996, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower, (ii) CREDIT SUISSE, NATIONAL WESTMINSTER BANK Plc, THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SUMITOMO TRUST AND BANKING CO., LTD., New York Branch, THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, UNION BANK, UNION BANK OF SWITZERLAND, THE FUJI BANK LIMITED, Los Angeles Agency, CREDIT LYONNAIS, New York Branch, CREDIT LYONNAIS, Cayman Island Branch, THE TORONTO-DOMINION BANK and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and each Purchasing Institutional Lender, as Institutional Lenders, (iv) CREDIT SUISSE, New York Branch, as the Issuing Bank, (v) CREDIT SUISSE, NATIONAL WESTMINSTER BANK Plc, THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED, New York Branch, as Co-Agents, and (vi) CREDIT SUISS

Westmoreland Coal Company – Amendment No. 10 to Amended and Restated Construction and Term Loan Agreement and Consent (November 6th, 2006)

THIS AMENDMENT NO. 10 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND CONSENT (this Amendment and Consent), dated as of April 8, 2003 is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower (the Borrower), (ii) NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA, SUMITOMO MITSUI BANKING CORPORATION (formerly known as The Sumitomo Bank Limited), New York Branch, UFJ BANK LIMITED (formerly known as The Sanwa Bank Limited), UNION BANK OF CALIFORNIA, N.A., MIZUHO CORPORATE BANK, LTD. (formerly known as The Fuji Bank Limited, New York Branch), CREDIT LYONNAIS, New York Branch, CREDIT LYONNAIS, Cayman Island Branch, LANDESBANK HESSEN-THURINGEN GIROZENTRALE and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as Institutional Lender and as Institutional Agent for each Purchasing Institutional Lender, (iv) DEXIA CREDIT LOCAL, NEW YORK AGENCY (Dexia), as Bond L/C Issuing Bank, (v) NIB CAPITAL BANK N.V., T

Westmoreland Coal Company – Amendment No. 8 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

THIS AMENDMENT NO. 8 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT (this Amendment), dated as of November___, 2001, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower (the Borrower), (ii) CREDIT SUISSE FIRST BOSTON, NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA, SUMITOMO MITSUI BANKING CORPORATION (formerly known as The Sumitomo Bank Limited), New York Branch, THE SANWA BANK LIMITED, UNION BANK OF CALIFORNIA, N.A., THE FUJI BANK LIMITED, New York Branch, CREDIT LYONNAIS, New York Branch, CREDIT LYONNAIS, Cayman Island Branch, LANDESBANK HESSEN-THURINGEN GIROZENTRALE and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as Institutional Lender and as Institutional Agent and each Purchasing Institutional Lender, (iv) CREDIT SUISSE FIRST BOSTON, New York Branch, as the Issuing Bank, (v) CREDIT SUISSE FIRST BOSTON, NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED,

Westmoreland Coal Company – Amendment No. 6 to Amended and Restated Construction and Term Loan Agreement and Unanimous Consent (November 6th, 2006)

THIS AMENDMENT NO. 6 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND UNANIMOUS CONSENT (this Amendment), dated as of November 21, 2000, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower (the Borrower), (ii) CREDIT SUISSE FIRST BOSTON, NIB CAPITAL BANK N.V., THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE SANWA BANK LIMITED, UNION BANK OF CALIFORNIA, N.A., THE FUJI BANK LIMITED, New York Branch, CREDIT LYONNAIS, New York Branch, CREDIT LYONNAIS, Cayman Island Branch, LANDESBANK HESSEN-THURINGEN GIROZENTRALE and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA as Institutional Lender and as Institutional Agent (together with its successors in each such capacity) and each Purchasing Institutional Lender, (iv) CREDIT SUISSE FIRST BOSTON, New York Branch, as the Issuing Bank, (together with its successors in such capacity), (v) CREDIT SUISSE FIRST BOSTON, NIB CAPITA

Westmoreland Coal Company – Amendment No. 2 to Amended and Restated Construction and Term Loan Agreement (November 6th, 2006)

This AMENDMENT NO. 2 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of December 30, 1994, is made by and among (i) WESTMORELAND-LG&E PARTNERS, a Virginia general partnership, as Borrower, (ii) CREDIT SUISSE, NATIONAL WESTMINSTER BANK plc, THE BANK OF NOVA SCOTIA, THE SUMITOMO BANK, LIMITED, New York Branch, THE INDUSTRIAL BANK OF JAPAN, LTD., New York Branch, UNION BANK, UNION BANK OF SWITZERLAND, THE FUJI BANK LIMITED, Los Angeles Agency, CREDIT LYONNAIS, New York Branch, CREDIT SUISSE, Cayman Island Branch, THE TORONTO-DOMINION BANK and each Purchasing Lender, as Lenders, (iii) THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and each Purchasing Institutional Lender, as Institutional Lenders, (iv) CREDIT SUISSE, New York Branch, as the Issuing Bank, (v) CREDIT SUISSE, NATIONAL WESTMINSTER BANK plc, THE BANK OF NOVA SCOTIA and THE SUMITOMO BANK, LIMITED, New York Brach, as Co-Agents, and (vi) CREDIT SUISSE, as Agent for the Lenders, the Institutional Lenders and the

Pacific Ethanol – Amendment No. 1 to Construction and Term Loan Agreement and Agreement as to Future Financing Transactions (October 12th, 2006)

This AMENDMENT NO. 1 TO CONSTRUCTION AND TERM LOAN AGREEMENT AND AGREEMENT AS TO FUTURE FINANCING TRANSACTIONS, dated September 29, 2006 (this "Amendment"), is by and among PACIFIC ETHANOL MADERA LLC, a Delaware limited liability company ("Borrower"), the lenders named on the signature pages to this Amendment, TD BANKNORTH, N.A., a national banking association, as administrative agent for the Lenders (as defined below) (the "Administrative Agent"), and PACIFIC ETHANOL, INC., a Delaware corporation ("PEI"), and amends to the extent stated herein the Construction and Term Loan Agreement, dated April 10, 2006 (the "Original Loan Agreement"), among Borrower, the Lenders and the Administrative Agent. Capitalized terms used and not defined herein have the meanings ascribed to them in Schedule X of the Original Loan Agreement.

Amendment No. 8 to Amended and Restated Master Construction and Term Loan Agreement (August 5th, 2004)

This Amendment No. 8 to Amended and Restated Master Construction and Term Loan Agreement, dated June 28, 2004 (the Amendment), among FCA Real Estate Holdings, LLC, a Delaware limited liability company (Borrower), U.S. Bank National Association, a national banking association, as agent and administrative bank (in such capacity, Administrative Bank) and as collateral agent (in such capacity, the Collateral Agent) and the Lender parties to the Original Agreement described in this Amendment (each a Lender and collectively the Lenders) and U.S. Bank National Association, a national banking association, as collateral agent (in such capacity, Collateral Agent).

Horizon Group Properties – Construction and Term Loan Agreement (April 28th, 2003)

THIS CONSTRUCTION AND TERM LOAN AGREEMENT (this Agreement) is made as of April 24, 2003 by and between Horizon Group Properties, L.P., a Delaware limited partnership (Borrower), and Amster Trading Company Charitable Remainder Unitrust dated March 10, 2003 (Lender).