Common use of Purpose and Transfer Clause in Contracts

Purpose and Transfer. The purpose of the Commitment is to finance the operating needs of the Company and to renew, extend, and refinance the Company's obligations to CoBank under the Company's existing reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP (the "Note") entered into pursuant to the Term Loan Agreement dated March 5, 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBank's obligation to extend credit hereunder have been satisfied: (a) the principal balance outstanding under the Existing Reinstatable Term Loan shall be transferred to and charged against the Commitment; (b) all accrued obligations of the Company under the Existing Reinstatable Term Loan for the payment of interest or other charges shall be transferred to and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (c) the Note and the Existing Agreement (to the extent applicable to the Note) shall be deemed replaced and superseded, but the indebtedness evidenced by such Note shall not be deemed to have been paid off, by this Supplement and the MLA.

Appears in 1 contract

Samples: Master Loan Agreement (American Crystal Sugar Co /Mn/)

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Purpose and Transfer. The purpose of the Commitment is to partially finance the operating needs Company’s construction of a 100 million gallon (annual) ethanol plant (the “Improvements”) identified in the plans and specifications provided to and approved by Agent pursuant to Section 7(A)(xi) of the MLA (as the same may be amended pursuant to Section 12(A) herein, the “Plans”), on real property owned by the Company and to renewnear Fairmont, extendNebraska (the “Property”), and refinance the Company agrees to utilize the proceeds of the Commitment for that purpose only. In addition, the purpose of the Commitment is to consolidate under this Supplement the Company's obligations ’s existing indebtedness to CoBank Farm Credit under the Company's existing reinstatable term loan Construction and Term Loan Supplement dated November 20, 2006 and numbered RI0475T01, as amended (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP (the "Note") entered into pursuant to the Term Loan Agreement dated March 5, 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBank's Farm Credit’s obligation to extend credit hereunder have been satisfied: (aA) the principal balance outstanding under the Existing Reinstatable Term Loan Agreement shall be transferred to and charged against the Commitment; (bB) all accrued obligations of the Company under the Existing Reinstatable Term Loan Agreement for the payment of interest or other charges shall be transferred to and become part of the Company's ’s obligations under this Supplement as if fully set forth herein; and, and (cC) the Note and the Existing Agreement (to and the extent applicable to the Note) promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such Note note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Construction and Term Loan Supplement (Advanced BioEnergy, LLC)

Purpose and Transfer. The purpose of Commitment is to provide working capital to the Company. In addition, the purpose of the Commitment is to finance the operating needs of the Company and to renew, extend, and refinance the Company's obligations to CoBank consolidate under this Supplement the Company's existing reinstatable term loan (indebtedness to Lead Lender under the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP (the "Note") entered into pursuant to the Construction Term Loan Agreement Supplement dated March 524, 1999 2005 and numbered R10218T01, as previously amended, (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBankLead Lender's obligation to extend credit hereunder have been satisfied: (aA) the principal balance outstanding under the Existing Reinstatable Term Loan Agreement shall be transferred to and charged against the Commitment; (bB) all accrued obligations obligation of the Company under the Existing Reinstatable Term Loan Agreement for the payment of interest or other charges shall be transferred to and become part of the Company's obligations obligation under this Supplement as if fully set forth herein; and, and (cC) the Note and the Existing Agreement (to and the extent applicable to the Note) promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such Note note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Lincolnway Energy, LLC

Purpose and Transfer. The purpose of the Commitment is to partially finance the operating needs Company’s construction of a 100 million gallon (annual) ethanol plant (the “Improvements”) identified in the plans and specifications provided to and approved by Agent pursuant to Section 7(A)(xi) of the MLA (as the same may be amended pursuant to Section 12(A) herein, the “Plans”), on real property owned by the Company near Fairmont, Nebraska (the “Property”) and to renew, extend, and refinance provide working capital to the Company's obligations . In addition, the purpose of the Commitment is to consolidate under this Supplement the Company’s existing indebtedness to CoBank under the Company's existing reinstatable term loan Construction and Revolving Term Loan Supplement dated November 20, 2006 and numbered RI0475T02, as amended (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP (the "Note") entered into pursuant to the Term Loan Agreement dated March 5, 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBank's Agent’s obligation to extend credit hereunder have been satisfied: (aA) the principal balance outstanding under the Existing Reinstatable Term Loan Agreement shall be transferred to and charged against the Commitment; (bB) all accrued obligations of the Company under the Existing Reinstatable Term Loan Agreement for the payment of interest or other charges shall be transferred to and become part of the Company's ’s obligations under this Supplement as if fully set forth herein; and, and (cC) the Note and the Existing Agreement (to and the extent applicable to the Note) promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such Note note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof. The Company agrees to utilize the proceeds of the Commitment for these purposes only.

Appears in 1 contract

Samples: Advanced BioEnergy, LLC

Purpose and Transfer. The purpose of the Commitment is to finance the operating needs of the Company and to renew, extend, and refinance the Company's obligations to CoBank under the Company's existing reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP 31143NP (the "Note") entered into pursuant to the Term Loan Agreement dated March 5, 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBank's obligation to extend credit hereunder have been satisfied: (a) the principal balance outstanding under the Existing Reinstatable Term Loan shall be transferred to and charged against the Commitment; (b) all accrued obligations of the Company under the Existing Reinstatable Term Loan for the payment of interest or other charges shall be transferred to and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (c) the Note and the Existing Agreement (to the extent applicable to the Note) shall be deemed replaced and superseded, but the indebtedness evidenced by such Note Notes shall not be deemed to have been paid off, by this Supplement and the MLA.

Appears in 1 contract

Samples: Master Loan Agreement (American Crystal Sugar Co /Mn/)

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Purpose and Transfer. The purpose of the Commitment is to finance the operating needs of the Company and to renew, extend, and refinance the Company's obligations to CoBank under the Company's existing reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP 31143 (the "Note") entered into pursuant to the Term Loan Agreement dated March 5, 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBank's obligation to extend credit hereunder have been satisfied: (a) the principal balance outstanding under the Existing Reinstatable Term Loan shall be transferred to and charged against the Commitment; (b) all accrued obligations of the Company under the Existing Reinstatable Term Loan for the payment of interest or other charges shall be transferred to and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (c) the Note and the Existing Agreement (to the extent applicable to the Note) shall be deemed replaced and superseded, but the indebtedness evidenced by such Note shall not be deemed to have been paid off, by this Supplement and the MLA.

Appears in 1 contract

Samples: Master Loan Agreement (American Crystal Sugar Co /Mn/)

Purpose and Transfer. The purpose of the Commitment is to finance provide working capital to the operating needs Company. In addition, the purpose of the Company and Commitment is to renew, extend, and refinance consolidate under this Supplement the Company's obligations ’s existing indebtedness to CoBank Lead Lender under the Company's existing reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP (the "Note") entered into pursuant to the Term Loan Agreement Supplement dated March 5June 20, 1999 2011 and numbered RI0470T01D (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to CoBank's Lead Lender’s obligation to extend credit hereunder have been satisfied: (aA) the principal balance outstanding under the Existing Reinstatable Term Loan Agreement shall be transferred to and charged against the Commitment; (bB) all accrued obligations of the Company under the Existing Reinstatable Term Loan Agreement for the payment of interest or other charges shall be transferred to billed out after principal transfer; and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (cC) the Note and the Existing Agreement (to and the extent applicable to the Note) promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such Note note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Supplement (Green Plains Inc.)

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