EXHIBIT 10.45 CONSTRUCTION AND TERM LOAN AGREEMENT dated April 10, 2006Construction and Term Loan Agreement • April 14th, 2006 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • August 7th, 2008 • Southern Union Co • Natural gas transmission
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”).
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • September 2nd, 2020 • Utah
THIS CONSTRUCTION AND TERM LOAN AGREEMENT (“Agreement”) dated ______, 20__, is made by and between [1], LLC, a Utah limited liability company with an address of_________, Utah ______ (“Borrower”) and [2], a Utah corporation with an address of __________________, Utah _____ (the “Lender”). The Lender and Borrower are sometimes referred to collectively as the “Parties.”
AMENDMENT NO. 8 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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, LIMI
AMENDMENT NO. 3 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
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,
SECOND AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • March 31st, 2009 • Show Me Ethanol, LLC • Industrial organic chemicals
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 AND OTHER LOAN DOCUMENTSConstruction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
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").
SIXTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 16th, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
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”).
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • February 25th, 2020 • California
This CONSTRUCTION AND TERM LOAN AGREEMENT (as amended and supplemented from time to time, this “Agreement”) is made and entered into as of
AMENDMENT NO. 1 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
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,
FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • June 10th, 2008 • Show Me Ethanol, LLC • Industrial organic chemicals
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.
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • December 13th, 2018 • California
THIS CONSTRUCTION AND TERM LOAN AGREEMENT (this “Agreement”), dated as of , 2018, is entered into by and between CORDOVA TROLLEY, LP, a California limited partnership (“Borrower”), CHULA VISTA HOUSING AUTHORITY (the “Issuer”), and BANNER BANK, a Washington corporation, and its successors and assigns, in its capacity as the “Majority Owner” and “Servicer” under the Indenture described below (in such capacities, “Majority Owner”) on the terms and conditions set forth below. Borrower has applied to Issuer for a loan in the total principal amount of ///[Six Million Five Hundred Thousand and No/100th Dollars ($6,500,000)]/// in order to construct the Improvements on the Real Property described below. The interests of the Issuer in this Agreement and the Note, excluding the Reserved Rights (as defined in the Indenture), have been assigned to U.S. Bank National Association, as Bond Trustee (“Bond Trustee”), pursuant to a Trust Indenture dated as of , 2018, between the Issuer and Bond Trustee.
AMENDMENT NO. 2 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
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
THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
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").
AMENDMENT NO.5 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • August 23rd, 2019 • Sharps Compliance Corp • Hazardous waste management • Texas
This Agreement (hereinafter defined) is dated August [__], 2019, and is between [REDACTED], a [REDACTED] state chartered bank (“Lender”), having an address of [REDACTED]; SHARPS COMPLIANCE, INC. OF TEXAS, a Texas corporation d/b/a Sharps Compliance, Inc. (“Compliance”) and SHARPS ENVIRONMENTAL SERVICES, INC., a Delaware corporation d/b/a Sharps Environmental Services of Texas, Inc. (“Environmental”, and together with Compliance, “Borrower”), ALPHA BIO/MED SERVICES, LLC, a Pennsylvania limited liability company (“Alpha”), BIO-TEAM MOBILE LLC, a Pennsylvania limited liability company (“Bio-Team”), and CITIWASTE, LLC, a New York limited liability company (“Citiwaste”) (each of Alpha, Bio-Team, and CitiWaste are a “Guarantor” and collectively, the “Guarantors”). Borrower and each Guarantor have an address of 9220 Kirby Drive, Suite 500, Houston, TX 77054.
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
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”).
THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 6th, 2009 • Show Me Ethanol, LLC • Industrial organic chemicals
THIS THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (“Third Amendment”) dated as of the 31st day of March, 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.
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...Construction and Term Loan Agreement • April 16th, 2007 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
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”).
AMENDMENT NO. 5 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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
AMENDMENT NO. 4 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining
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
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 AgentConstruction and Term Loan Agreement • February 8th, 2008 • Southern Union Co • Natural gas distribution • New York
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”).
FOURTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • January 5th, 2010 • Show Me Ethanol, LLC • Industrial organic chemicals
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.
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • March 21st, 2013 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
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").
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...Construction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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, 2007Construction and Term Loan Agreement • August 6th, 2007 • Show Me Ethanol, LLC • Industrial organic chemicals • Missouri
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, hereby agree as follows:
AMENDMENT NO. 1 TO CONSTRUCTION AND TERM LOAN AGREEMENT AND AGREEMENT AS TO FUTURE FINANCING TRANSACTIONSConstruction and Term Loan Agreement • October 12th, 2006 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
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.
FIFTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 16th, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
AMENDMENT NO. 7 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND AMENDMENT TO CERTAIN SECURITY DOCUMENTSConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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”).
SECOND AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
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").
EIGHTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • September 9th, 2010 • REX AMERICAN RESOURCES Corp • Retail-radio, tv & consumer electronics stores • Illinois
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”).
AMENDMENT NO. 9 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND CONSENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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 B
AMENDMENT NO. 6 TO AMENDED AND RESTATED CONSTRUCTION AND TERM LOAN AGREEMENT AND UNANIMOUS CONSENTConstruction and Term Loan Agreement • November 6th, 2006 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • New York
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 CA
FOURTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 16th, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
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”).
CONSTRUCTION AND TERM LOAN AGREEMENT dated as of June 7, 2001 among PERRYVILLE ENERGY PARTNERS, L.L.C. as Borrower THE BANKS, as herein defined and KBC BANK N.V., NEW YORK BRANCH, as AgentConstruction and Term Loan Agreement • March 18th, 2003 • Cleco Power LLC • Electric services • New York
CONSTRUCTION AND TERM LOAN AGREEMENT, dated as of June 7, 2001 among PERRYVILLE ENERGY PARTNERS, L.L.C., a Delaware limited liability company (the "Borrower"), the Banks (as hereinafter defined) and KBC BANK N.V., New York Branch, a banking corporation organized and existing under the laws of Belgium, as agent for the Banks (the "Agent").
