Common use of Financial Information and Reporting Clause in Contracts

Financial Information and Reporting. Except as otherwise stated in this AGREEMENT, all financial information provided to ADMINISTRATIVE AGENT shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT shall otherwise agree in writing: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s fiscal year end, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty (30) days after the end of each calendar month monthly internally prepared financial statements consisting of a balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 For each quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will deliver to ADMINISTRATIVE AGENT, within thirty (30) days of each full fiscal quarter end, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by an authorized manager or officer of BORROWER, which: 1) certifies that the statements required by Section 6.1.1 and 6.

Financial Information and Reporting. Except as otherwise stated in this AGREEMENTAgreement, all financial information provided to ADMINISTRATIVE AGENT the Bank shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS Construction Note or this AGREEMENT Agreement or the LOAN DOCUMENTS Loan Documents to which it is a party, unless ADMINISTRATIVE AGENT the Bank shall otherwise agree in writing: 6.1.1 BORROWER (a) The Borrower shall provide ADMINISTRATIVE AGENT the Bank within 120 days of BORROWERthe Borrower’s fiscal year endend the Borrower’s consolidated, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENTthe Bank, with such opinion directed both to the Borrower and to the Bank, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULTevent of default under this Agreement, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULTEvent of Default, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWERthe Borrower’s compliance with the covenants contained in Section 6.2 6.02 of this AGREEMENT Agreement as of the said fiscal year end. 6.1.2 (b) After the CONSTRUCTION LOAN TERMINATION DATECompletion Date, BORROWER the Borrower will furnish to ADMINISTRATIVE AGENT the Bank within thirty (30) 30 days after the end of each calendar month monthly internally prepared consolidated financial statements consisting of a balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow Borrower for such period and year to date, prepared in accordance with GAAP, date all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 (c) For each full calendar quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATECompletion Date, BORROWER the Borrower will deliver to ADMINISTRATIVE AGENTthe Bank, within thirty (30) 30 days of each full fiscal calendar quarter end, a certificate in a form reasonably acceptable to ADMINISTRATIVE AGENT the Bank that has been signed by an authorized manager officer or officer member of BORROWERthe Board of Governors of the Borrower, which: 1which (i) certifies that the statements required by Section 6.1.1 6.01(a) and 6(b) have been accurately prepared in accordance with GAAP applied consistently (except for the absence of financial footnotes to the statements furnished under Section 6.01(b)); (ii) certifies that the officer or member of the Board of Governors has no knowledge of any Event of Default under this Agreement or the Loan Documents, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an event of default under this Agreement or the Loan Documents and that the Borrower is in full compliance with all Covenants contained in this Agreement and the Loan Documents. (d) After the Completion Date, the Borrower will deliver to the Bank each month, within 30 days of each month end, a monthly production report, in form acceptable to the Bank, which shall, at a minimum, report for each such month the Borrower’s input and output amounts of corn or other grain usage, natural gas usage, electrical usage, dry distillers grains and wet distillers grains output, ethanol output and, if applicable, CO2 output. (e) Prior to the end of each fiscal year, the Borrower shall provide the Bank projected financial statements for the following fiscal year which shall include, but not be limited to, proposed capital projects and expenditures. (f) The Borrower shall notify the Bank of the existence of any Event of Default promptly after such Event of Default becomes known to any manager, officer or member of the Board of Governors of the Borrower. (g) The Borrower shall authorize all federal, state and municipal authorities to furnish reports of examinations, records and other information relating to the condition and affairs of the Borrower and its ethanol plant, and any information from reports, returns, files and records by such authorities regarding the Borrower upon request to the Bank. (h) The Borrower will give the Bank prompt written notice of any material violation as to any environmental matter by the Borrower and of the commencement of any judicial or administrative proceeding relating to health, safety or environmental matters (i) in which an adverse determination or result could result in the revocation of or have a material adverse effect on any Permits held by the Borrower which are material to the operations of the Borrower and (ii) which will or threatens to impose a material liability on the Borrower to any person or party or which will require a material expenditure by the Borrower to cure any alleged problem or violation. (i) The Borrower will give prompt notice to the Bank of (i) any litigation or proceeding in which it is a party if an adverse decision therein would require it to pay more than $100,000 or deliver assets the value of which exceeds such sum (whether or not the claim is considered to be covered by insurance); and (ii) the institution of any other suit or proceeding involving it that might materially and adversely affect its operations, financial condition, property or business prospects. (j) The Borrower shall provide monthly Borrowing Base certificates in a form reasonably acceptable to the Bank, calculating advance rates under the Revolving Loan pursuant to the Borrowing Base beginning with the certificate with respect to the fourth month following the Completion Date. (k) The Borrower will provide the Bank with such other information as it may reasonably request.

Financial Information and Reporting. Except as otherwise stated Each Borrower shall keep and cause to be kept proper books and records in this AGREEMENTwhich full and true entries will be made, in accordance with GAAP, of all financial information provided dealings or transactions relating to ADMINISTRATIVE AGENT its business and affairs, and the Borrowers shall cause to be compiled using GAAP consistently applied. During furnished to the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT shall otherwise agree in writingAgent and each Lender: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s fiscal year end, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT(i) As soon as practicable, and must be accompanied by a certificate of such accountants stating whetherin any event, in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty (30) days after the end of each calendar month monthly month, all of the Borrowers' internally prepared consolidated and consolidating balance sheets or statements of position as at such date and statements of income and retained earnings and of cash flow or changes in financial position for the period from the beginning of the current Fiscal Year to the end of such month, all in reasonable detail and certified by CWI's president or chief financial officer as fairly presenting the financial condition and operations of the Borrowers as of and for the period then ending and being accurate in all material respects and having been prepared in accordance with GAAP; (ii) As soon as practicable and, in any event, within forty-five (45) days after the end of each quarter of each Fiscal Year, all of the Borrowers' consolidated and consolidating statements consisting of income and retained earnings and of cash flows or changes in financial position through the quarter then ended and a consolidated and consolidating balance sheet and income or statement of BORROWER position of the Borrowers as of the end of such periodquarter, all in reasonable detail and income statements certified by CWI's president or chief financial officer as fairly presenting the financial condition and statements operations of changes the Borrowers as of and for the period then ending and being accurate in cash flow for such period all material respects and year to date, having been prepared in accordance with GAAP; (iii) As soon as practicable and, in any event, within ninety (90) days after the end of each Fiscal Year, all of the Borrowers' audited consolidated statements of income and retained earnings and of cash flows or changes in financial position through the Fiscal Year then ended and a consolidated balance sheet or statement of position of the Borrowers as of the end of such Fiscal Year, in each case with comparable information at the close of and for the prior Fiscal Year, all in reasonable detail, except containing no qualifications unacceptable to the Required Lenders and audited by an independent certified public accountant selected by the Borrowers and acceptable to the Agent and prepared in accordance with GAAP; (iv) Together with the Financial Statements for each quarter of each Fiscal Year, (a) a certificate in the absence form attached hereto as EXHIBIT M executed by the chief financial officer of financial footnotes, CWI certifying to the Agent and calculations the Lenders that the Borrowers are in compliance with each of the financial covenants set forth belowin Sections 8.A.1 and 8.B.3 hereof and setting forth in detail satisfactory to the Agent the calculations and computations showing such compliance, and (b) a certificate executed by the president or chief financial officer of CWI stating whether any Default or Event of Default currently exists and is continuing and what action, if any, the Borrowers are taking or propose to take with respect thereto; (v) [Intentionally Omitted]. 6.1.3 For each quarter (vi) When and as so furnished, such other financial information concerning the Borrowers, their business, financial condition or assets as may be furnished to the holders of any of the Borrowers' common or preferred stock (including all financial statements, reports and proxy statements), or as the Agent may reasonably request from time to time; and, promptly upon the filing thereof, all registration statements and annual, quarterly, monthly or other regular reports which any Borrower files with the SEC; (vii) Such notices and information as and when required under the Environmental Indemnity Agreement; (viii) Promptly upon discovery thereof, notice of any action, suit, arbitration, investigation, administrative or other proceeding instituted, commenced or threatened against or affecting any Borrower which may reasonably be expected to cause the Borrowers to incur or be liable for claims, damages and/or costs of any kind (including, without limitation, attorneys' fees, expert witness fees and court, judgment, settlement and compliance or remedial costs), aggregating in excess of $250,000; (ix) As soon as practicable and, in any event, within 90 days after the end of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will deliver to ADMINISTRATIVE AGENT, within thirty (30) days of each full fiscal quarter endFiscal Year, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by an authorized manager or from the chief financial officer of BORROWERCWI certifying as to solid waste intake at the Landfills for the Fiscal Year then ended, which: 1and calculating the remaining airspace at the Landfills available for solid waste disposal; (x) certifies that Immediately upon any Borrower's becoming aware thereof, notice of any proposed Laws, or amendments thereto, including Laws proposed by the statements required by Section 6.1.1 and 6.State of Tennessee or of Obion County, Tennessee or any town, municipality or community therein, which would restrict or prohibit any Borrower from bringing out-of-state or out-of-county waste to any of the Landfills;

Financial Information and Reporting. Except as otherwise stated in this AGREEMENT, all financial information provided to ADMINISTRATIVE AGENT the BANK shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS CONSTRUCTION NOTE or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT the BANK shall otherwise agree in writing: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT the BANK within 120 days of the BORROWER’s 'S fiscal year end, the BORROWER’s 'S consolidated, annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENTthe BANK, with such opinion directed both to BORROWER and to BANK, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULTevent of default under this AGREEMENT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ ' calculations of BORROWER’s 's compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, The BORROWER will furnish to ADMINISTRATIVE AGENT the BANK within thirty thirty- (30) days after the end of each calendar month monthly internally prepared financial statements consisting of month, a balance sheet and income statement of the BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 For each quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION COMPLETION DATE, BORROWER will deliver to ADMINISTRATIVE AGENTBANK, within thirty (30) days of each full fiscal quarter end, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT BANK that has been signed by an authorized manager or officer agent of BORROWER, which: 1) certifies that the statements required by Section section 6.1.1 and 6.

Financial Information and Reporting. Except as otherwise stated The Borrower shall keep and cause to be kept proper books and records in this AGREEMENTwhich full and true entries will be made, in accordance with GAAP, of all financial information provided dealings or transactions relating to ADMINISTRATIVE AGENT its business and affairs, and the Borrower shall cause to be compiled using GAAP consistently applied. During furnished to the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT shall otherwise agree in writingLender: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s fiscal year end, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, and must be accompanied by a certificate of such accountants stating whether(i) As soon as practicable and, in conducting their auditany event, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty sixty (3060) days after the end of each calendar month monthly internally prepared financial quarter of each Fiscal Year, all of the Borrower's consolidated and consolidating statements consisting of income and retained earnings and of cash flows through the quarter then ended and a balance sheet and income statement of BORROWER the Borrower as of the end of such periodquarter, all in reasonable detail and income statements certified by Borrower's president or chief financial officer as fairly presenting the financial condition and statements operations of changes the Borrower as of and for the period then ending and being accurate in cash flow for such period all material respects and year to date, having been prepared in accordance with GAAP; (ii) As soon as practicable and, in any event, within one hundred twenty (120) days after the end of each Fiscal Year, all of the Borrower's consolidated and consolidating audited and unaudited statements of income and retained earnings and of cash flows through the Fiscal Year then ended and a balance sheet of the Borrower as of the end of such Fiscal Year, in each case with comparable information at the close of and for the prior Fiscal Year, all in reasonable detail, except containing no qualifications unacceptable to the Lender and audited by an independent certified public accountant selected by the Borrower and acceptable to the Lender and prepared in accordance with GAAP; (iii) Together with the Financial Statements for each quarter of each Fiscal Year, (a) a certificate executed by the absence chief financial officer of financial footnotes, and calculations Borrower in the form of Exhibit C hereto certifying to the Lender that the Borrower is in compliance with each of the financial covenants set forth below.in Section 8.A.1 hereof and setting forth in detail satisfactory to the Lender the calculations and computations showing such compliance, and (b) a certificate executed by the president or chief financial officer of Borrower stating whether any Default or Event of Default currently exists and is continuing and what action, if any, the Borrower is taking or proposes to take with respect thereto; 6.1.3 For each quarter (iv) When and as so furnished, such other financial information concerning the Borrower, its business, financial condition or assets as may be furnished to the holders of the Borrower's common or preferred stock (including all financial statements, reports and proxy statements), or as the Lender may reasonably request from time to time; (v) Promptly upon discovery thereof, notice of any action, suit, arbitration, investigation, administrative or other proceeding instituted, commenced or threatened against or affecting the Borrower which may reasonably be expected to cause the Borrower to incur or be liable for claims, damages and/or costs of any kind (including, without limitation, attorneys' fees, expert witness fees and court, judgment, settlement and compliance or remedial costs), aggregating in excess of $100,000; (vi) Promptly upon the Borrower's becoming aware thereof, notice of any proposed Laws, or amendments thereto, which would regulate, restrict or prohibit the Borrower in such a way as might have a Materially Adverse Effect; (vii) Notice of the occurrence or existence of any Default or Event of Default immediately upon the Borrower's becoming aware thereof; and promptly upon discovery thereof, notice of any development, financial or otherwise, which might have a Materially Adverse Effect; (viii) Upon request of the Lender from time to time, any information concerning the Borrower's compliance with any and all Laws; (ix) Promptly upon the Borrower becoming aware thereof, notice of any claim of violation of any Law, and notice of any violation or breach by the Borrower of the terms of, 27 or any revocation or suspension or threatened revocation or suspension of, any license or permit of the Borrower; (x) Notice of the cancellation or expiration of any bond, letter of credit or similar instrument issued as Financial Assurance and the terms of any replacement or renewal bond, letter of credit or similar instrument if not issued by the Lender; (xi) Within forty-five (45) days after the end of each fiscal year ending after six-month period, regardless of whether any New Subsidiary has been acquired during such period, a New Subsidiary Certificate substantially in the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will deliver to ADMINISTRATIVE AGENT, within thirty form of Exhibit D hereto; and (30xii) Within sixty (60) days of the end of each full fiscal quarter endFiscal Year, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by an authorized manager or officer of BORROWERupdated annual budgets, which: 1financial projections (rolling three years) certifies that and business plans for the statements required by Section 6.1.1 and 6ensuing Fiscal Year.

Financial Information and Reporting. Except as otherwise stated in this AGREEMENT, all financial information provided to ADMINISTRATIVE AGENT shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a partyparty and any COMMITMENTS are outstanding, unless ADMINISTRATIVE AGENT shall otherwise agree in writing: 6.1.1 5.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s fiscal year end, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s compliance with the financial covenants contained in Section 6.2 5 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, 5.1.2 BORROWER will furnish to ADMINISTRATIVE AGENT within thirty (30) days after the end of each calendar month monthly internally prepared financial statements consisting of a balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 5.1.3 For each quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATEyear, BORROWER will deliver to ADMINISTRATIVE AGENT, within thirty forty-five (3045) days of each full fiscal quarter end, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by an authorized manager or officer of BORROWER, which: 1) certifies that the statements required by Section 6.1.1 5.1.1 and 65.

Financial Information and Reporting. Except as otherwise stated provided in this AGREEMENTAgreement, all financial information provided to ADMINISTRATIVE AGENT the Bank shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS Notes, this Agreement or this AGREEMENT or any of the LOAN DOCUMENTS other Loan Documents to which it the Borrower is a party, unless ADMINISTRATIVE AGENT the Bank shall otherwise agree in writing: 6.1.1 BORROWER (a) The Borrower shall provide ADMINISTRATIVE AGENT the Bank within 120 one hundred twenty (120) days of BORROWERthe Borrower’s fiscal year endend the Borrower’s consolidated, BORROWER’s annual financial statements. The fiscal year end statements must be audited with and reflect an unqualified opinion by a an independent certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, the Bank and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULTDefault or Event of Default under this Agreement, specifying the nature and duration of the Default or Event of Default. Such audited year end financial statements shall be accompanied by the accountants’ calculations of the Borrower’s compliance with the covenants contained in Section 6.02 of this Agreement as of the said fiscal year end. (b) The Borrower will furnish to the Bank within thirty (30) days after the end of each calendar month consolidated financial statements of the Borrower for such period and year to date all in reasonable detail, and which shall include, but not be limited to, (i) Borrower’s monthly balance sheet, income statement and cash flow statement, and (ii) monthly calculations of the Borrower’s compliance with the covenants contained in Section 6.02 of this Agreement. (c) The Borrower will deliver to the Bank, within thirty (30) days of each calendar quarter end (with respect to the financial statements required under Section 6.01(b)) and within one hundred twenty (120) days of each fiscal year end (with respect to financial statements required under Section 6.01(a)), a certificate in a form reasonably acceptable to the Bank that has been signed by the General Partner or other Authorized Person of the Borrower, which (i) certifies that the statements required by Section 6.01(a) and (b) have been accurately prepared in accordance with GAAP applied consistently (except for the absence of financial footnotes to the statements furnished under Section 6.01(b) and normal or customary year end adjustments to the statements under Section 6.01(a)); and (ii) certifies that the General Partner or other Authorized Person of the Borrower has no knowledge of any Event of Default under this Agreement or the Loan Documents, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying Event of Default under this Agreement or the nature Loan Documents and duration of that the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s Borrower is in full compliance with the all covenants contained in Section 6.2 of this AGREEMENT as Agreement and the Loan Documents. (d) The General Partner or other Authorized Person of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty (30) days after the end of each calendar month monthly internally prepared financial statements consisting of a balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 For each quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATE, BORROWER Borrower will deliver to ADMINISTRATIVE AGENTthe Bank each month, within thirty (30) days of each full fiscal quarter month end, a certificate certified monthly production report, in form acceptable to the Bank, which shall, at a minimum, report for each such month the Borrower’s input and output amounts of corn or other grain usage, natural gas usage, electrical usage, dry distillers grains and wet distillers grains output, ethanol output and, if applicable, CO2 output, and the applicable costs of each such usage. (e) At least thirty (30) days prior to the end of each fiscal year, the Borrower shall provide the Bank projected financial statements for the following fiscal year which shall include, but not be limited to, proposed capital projects and expenditures. (f) The Borrower shall notify the Bank of the existence of any Default or Event of Default promptly after such Default or Event of Default becomes known to the General Partner, the Manager or any officer, agent, partner, or member of the Borrower. (g) The Borrower shall authorize all Governmental Authorities to furnish reports of examinations, records and other information relating to the condition and affairs of the Borrower and the Project, and any information from reports, returns, files and records by such authorities regarding the Borrower upon request by the Bank. (h) The Borrower will give the Bank prompt written notice of any material violation as to any environmental matter by the Borrower of which Borrower obtains knowledge and of the commencement of any judicial or administrative proceeding adverse to Borrower relating to Environmental Requirements (i) in which an adverse determination or result could result in the revocation of or have a material adverse effect on any Permits held by the Borrower which are material to the operations of the Borrower or (ii) which will or threatens to impose a material liability on the Borrower to any Person or which will require a material expenditure by the Borrower to cure any alleged problem or violation. (i) The Borrower will give prompt written notice to the Bank of (i) any litigation, arbitration or proceeding in which the Borrower is a party if an adverse decision therein could require the Borrower to pay more than One Hundred Thousand and No/100ths Dollars ($100,000.00) or deliver assets the value of which exceeds such sum (whether or not the claim is considered to be covered by insurance); and (ii) the institution of any other suit, arbitration or proceeding involving the Borrower that is reasonably likely to have a material and adverse effect on the Borrower’s operations, financial condition, property or business prospects or that might in any manner question the validity of any Loan Document. (j) The Borrower shall provide monthly Borrowing Base certificates in a form reasonably acceptable to ADMINISTRATIVE AGENT the Bank that has have been signed by an authorized manager the General Partner or officer other Authorized Person of BORROWERthe Borrower, which: 1calculating advance rates under the Operating Loan pursuant to the Borrowing Base. (k) certifies The Borrower shall provide a quarterly hedging report in a form reasonably acceptable to the Bank, completed and certified by the grain manager, that sets forth the statements required by Section 6.1.1 Borrower’s current and 6projected future hedge positions in regards to ethanol contracts, grain contracts and natural gas contracts. (l) The Borrower will provide the Bank with such other information and reports as the Bank may reasonably request.

Financial Information and Reporting. Except as otherwise stated in this AGREEMENT, all financial information provided to ADMINISTRATIVE AGENT BANK shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT BANK shall otherwise agree in writing: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT BANK within 120 days of BORROWER’s fiscal year end, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENTBANK, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT BANK within thirty (30) days after the end of each calendar month monthly internally prepared financial statements consisting of a balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 For each quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will deliver to ADMINISTRATIVE AGENTBANK, within thirty (30) days of each full fiscal quarter end, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT BANK that has been signed by an authorized manager or officer of BORROWER, which: 1) certifies that the statements required by Section 6.1.1 and 6.

Financial Information and Reporting. Except as otherwise stated in this AGREEMENT, all financial information provided Borrower shall deliver the following to ADMINISTRATIVE AGENT shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT shall otherwise agree in writingLender: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s fiscal year end(a) as soon as available, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, and must be accompanied by a certificate of such accountants stating whether, but in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ calculations of BORROWER’s compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty one hundred twenty (30120) days after the end of each calendar month monthly internally prepared financial statements consisting fiscal year, a copy of a the audited consolidated balance sheet of Borrower and income statement of BORROWER its consolidated Subsidiaries as of the end of such period, year and income statements and the related audited consolidated statements of changes in income, of stockholders’ equity and of cash flow flows for such period and year to dateyear, prepared setting forth in accordance with GAAP, all each case in reasonable detail, except comparative form the figures for the absence previous year, together with the opinion of financial footnotesindependent certified public accountants of nationally recognized standing, and calculations which opinion shall not contain a “going concern” or like qualification or exception, or qualification arising out of the financial covenants set forth below.scope of the audit, other than a qualification for consistency due to a change in the application of GAAP with which Borrower’s independent certified public accountants concur; 6.1.3 For (b) as soon as available, but in any event within sixty (60) days after the end of each quarterly accounting period (excluding the quarterly accounting period for the last quarter of each fiscal year ending prior to the Maturity Date), the unaudited consolidated balance sheet of Borrower and its consolidated Subsidiaries and the related unaudited consolidated statements of income and of stockholders’ equity of Borrower and its consolidated Subsidiaries for such quarter and the portion of the fiscal year through such date setting forth in each case in comparative form the figures for the previous year, and including in each case: (i) the relevant figures broken down with respect to each division of Borrower and its Subsidiaries and (ii) a summary of all Land, Land under Contract, Lots, Lots under Development, Finished Lots and Lots under Contract (all as defined in the credit agreement for the Master Credit Facility); (c) within sixty (60) days after the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will deliver to ADMINISTRATIVE AGENT, within thirty (30) days end of each full fiscal quarter endquarter, a certificate compliance certificate, in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by an authorized manager or officer Lender as attached hereto as Exhibit B, wherein a Financial Officer of BORROWER, which: 1) Borrower certifies that Borrower is in compliance with all covenants, terms and conditions of the Master Credit Facility; and (d) at the request of Lender, such other information as Lender may from time to time reasonably require; all such financial statements required by to be complete and correct in all material respects and prepared in reasonable detail and in accordance with GAAP (except, in the case of financial statements referred to in subparagraph (b) of this Section 6.1.1 8, that such financial statements need not contain footnotes and 6may be subject to year-end audit adjustments).

Financial Information and Reporting. Except In addition to all other financial statements and reports required by the terms of this Agreement for so long as otherwise stated in this AGREEMENT, all financial information provided to ADMINISTRATIVE AGENT shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT shall otherwise agree in writing: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s fiscal year end, BORROWER’s annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration portion of the default. Such audit statement shall Revolving Loans remains unpaid Borrower shall: (a) for so long as the Revolving Loans remain unpaid, provide Agent with a Borrowing Base Certificate setting forth each component of the Borrowing Base and an accounts receivable aging report ("A/R Aging"), each as of Friday of each week, such Borrowing Base Certificate to be accompanied received by Banks not later than Wednesday of the following week; (b) deliver to Agent such invoices, contracts and other documentation supporting Borrower's computation of the Borrowing Base, as Agent may reasonably request; (c) monthly, by the accountants’ calculations of BORROWER’s compliance with the covenants contained in Section 6.2 of this AGREEMENT as twenty-fifth day of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATEfollowing month, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty (30) days after the end of each calendar month monthly internally prepared financial statements consisting of a consolidated unaudited balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, a Borrowing Base Certificate setting forth each component of the Borrowing Base as of the last day of such month (but only if weekly Borrowing Base Certificates are not being provided), an A/R Aging and a contract status report ("Status Report"). Furthermore, in addition to all in reasonable detail, except other financial statements and reports required by the terms of this Agreement for so long as any portion of the Revolving Loans and/or the Interest Bearing Term Loan and/or the Leases remains unpaid Borrower shall: (a) effective for the absence week ending June 6, 2001, initiate and conduct a telephone conference with a representative of financial footnotesBorrower, and calculations Agent and, at the option of each of the financial covenants set forth below. 6.1.3 For each quarter Banks, Banks, as requested by Agent; (b) on Wednesday of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATEweek, BORROWER will deliver to ADMINISTRATIVE AGENTbeginning June 6, within thirty (30) days of each full fiscal quarter end2001, a certificate cash flow report for the preceding calendar week comparing actual cash flow results to Borrower's then current Rolling Cash Flow Projection; and (c) monthly, by the twenty-fifth day of the following month, a consolidated unaudited balance sheet 12 and income statement prepared in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by accordance with GAAP, an authorized manager or officer of BORROWER, which: 1) certifies that the statements required by Section 6.1.1 A/R Aging and 6a Status Report.

Financial Information and Reporting. Except as otherwise stated in this AGREEMENT, all financial information provided to ADMINISTRATIVE AGENT shall be compiled using GAAP consistently applied. During the time period that any amounts are outstanding under the OBLIGATIONS or this AGREEMENT or the LOAN DOCUMENTS to which it is a party, unless ADMINISTRATIVE AGENT shall otherwise agree in writing: 6.1.1 BORROWER shall provide ADMINISTRATIVE AGENT within 120 days of BORROWER’s 's fiscal year end, BORROWER’s 's annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant reasonably acceptable to ADMINISTRATIVE AGENT, and must be accompanied by a certificate of such accountants stating whether, in conducting their audit, they have become aware of any EVENT OF DEFAULT, or of any event which would, after the lapse of time or the giving of notice, or both, constitute an EVENT OF DEFAULT, specifying the nature and duration of the default. Such audit statement shall be accompanied by the accountants’ ' calculations of BORROWER’s 's compliance with the covenants contained in Section 6.2 of this AGREEMENT as of the said fiscal year end. 6.1.2 After the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will furnish to ADMINISTRATIVE AGENT within thirty (30) days after the end of each calendar month monthly internally prepared financial statements consisting of a balance sheet and income statement of BORROWER as of the end of such period, and income statements and statements of changes in cash flow for such period and year to date, prepared in accordance with GAAP, all in reasonable detail, except for the absence of financial footnotes, and calculations of the financial covenants set forth below. 6.1.3 For each quarter of each fiscal year ending after the CONSTRUCTION LOAN TERMINATION DATE, BORROWER will deliver to ADMINISTRATIVE AGENT, within thirty (30) days of each full fiscal quarter end, a certificate in form reasonably acceptable to ADMINISTRATIVE AGENT that has been signed by an authorized manager or officer of BORROWER, which: 1) certifies that the statements required by Section 6.1.1 and 6.