MULTIPLE ADVANCE TERM LOAN SUPPLEMENT
Exhibit 10.33
Loan No. RI0178T01B
MULTIPLE ADVANCE TERM LOAN SUPPLEMENT
THIS SUPPLEMENT to the Master Loan Agreement dated October 13, 2004 (the “MLA”), is entered
into as of June 11, 2007, between CoBANK, ACB (“CoBank”) and AMAIZING ENERGY XXXXXXX, LLC (formerly
known as Amaizing Energy, L.L.C.), Denison, Iowa (the “Company”), and amends and restates the
Supplement dated October 13, 2004, and numbered RI0178T01.
SECTION 1. The Term Loan Commitment. On the temis and conditions set forth in the MLA and this
Supplement, CoBank agrees to make loans to the Company from time to time during the period set
forth below in an aggregate principal amount not to exceed $24,750,000.00 (the “Commitment”). Under
the Commitment, amounts borrowed and later repaid may not be reborrowed.
SECTION 2. Purpose. The purpose of the Commitment is to partially finance the construction of
Amaizing Energy Atlantic, LLC, Atlantic, Iowa.
SECTION 3. Term. The term of the Commitment shall be from the date hereof, up to and including
February 1, 2009, or such later date as CoBank may, in its sole discretion, authorize in writing.
SECTION 4. Interest. The Company agrees to pay interest on the unpaid balance of the loans in
accordance with one or more of the following interest rate options, as selected by the Company:
(A) CoBank Base Rate. At a rate per annum equal at all times to plus 45/100 of 1% above the
rate of interest established by CoBank from time to time as its CoBank Base Rate, which rate is
intended by CoBank to be a reference rate and not its lowest rate. The CoBank Base Rate will change
on the date established by CoBank as the effective date of any change therein and CoBank agrees to
notify the Company of any such change.
(B) Quoted Rate. At a fixed rate per annum to be quoted by CoBank in its sole discretion in
each instance. Under this option, rates may be fixed on such balances and for such periods, as may
be agreeable to CoBank in its sole discretion in each instance, provided that: (1) the minimum
fixed period shall be 180 days; (2) amounts may be fixed in increments of $500,000.00 or multiples
thereof; and (3) the maximum number of fixes in place at any one time shall be 10.
The Company shall select the applicable rate option at the time it requests a loan hereunder and
may, subject to the limitations set forth above, elect to convert balances bearing interest at the
variable rate option to one of the fixed rate options. Upon the expiration of any fixed rate
period, interest shall automatically accrue at the variable rate option unless the amount fixed is
repaid or fixed for an additional period in accordance with the terms hereof. Notwithstanding the
foregoing, rates may not be fixed in such a manner as to cause the Company to have to break any
fixed rate balance in order to pay any installment of principal. All elections provided for herein
shall be made telephonically or in writing and must be received by 12:00 Noon Company’s local time
Interest shall be calculated on the actual number of days each loan is outstanding on the basis of
a year consisting of 360 days and shall be payable monthly in arrears by the 20th day of the
following month or on such other day in such month as CoBank shall require in a written notice to
the Company.
Multiple Advance Term Loan Supplement RI0178T01B
Amaizing Energy Xxxxxxx, LLC
Xxxxxxx, LLC
Amaizing Energy Xxxxxxx, LLC
Xxxxxxx, LLC
SECTION 5. Promissory Note. The Company promises to repay the loans on February 1,
2009. If any installment due date is not a day on which CoBank is open for business, then
such installment shall be due and payable on the next day on which CoBank is open for
business. In addition to the above, the Company promises to pay interest on the unpaid
principal balance hereof at the times and in accordance with the provisions set forth in
Section 4 hereof. This note replaces and supersedes, but does not constitute payment of the
indebtedness evidenced by, the promissory note set forth in the Supplement being amended
and restated hereby.
SECTION 6. Prepayment. Subject to the broken funding surcharge provision of the MLA,
the Company may on one Business Day’s prior written notice prepay all or any portion of the
loan(s). Unless otherwise agreed by CoBank, all prepayments will be applied to principal
installments in the inverse order of their maturity and to such balances, fixed or
variable, as CoBank shall specify.
SECTION 7. Amendment Fee. In consideration of the amendment, the Company agrees to pay
to CoBank on the execution hereof a fee in the amount of $35,000.00.
IN WITNESS WHEREOF, the parties have caused this Supplement to be executed by their
duly authorized officers as of the date shown above.
CoBANK, ACB | AMAIZING ENERGY XXXXXXX, LLC | |||||||||
By:
|
/s/ Xxxxx Xxxxxxxx | By: | /s/ Xxx X. Xxxxxxx | |||||||
Title:
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Assistant Corporate Secretary | Title: | Chairman, CEO |