AMENDMENT TO CREDIT AGREEMENT
Exhibit 10.9
Amendment No. 18462590SLA-F
AMENDMENT TO CREDIT AGREEMENT
THIS AMENDMENT is entered into as of December 14, 2021 , between SOUTH DAKOTA SOYBEAN PROCESSORS, LLC, Volga, South Dakota, a limited liability company (the “Borrower”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Lender”). Capitalized terms used and not defined herein will have the meanings assigned to such terms in the Agreement (as defined below).
RECITALS
The Borrower and Lender are parties to Credit Agreement Number 18462590SLA dated as of December 28, 2016 (such agreement, as may be amended, is hereinafter referred to as the “Agreement”). The Borrower and Lender now desire to amend the Agreement. For that reason, and for valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Borrower and Lender agree as follows:
1.Section 6.1(f) under Article 6 of the Agreement will be deleted in its entirety.
2.Section 6.11(c) under Article 6 of the Agreement will be deleted in its entirety.
3.Except as expressly amended hereby, all of the representations, warranties, terms, covenants and conditions contained in the Agreement and each other Loan Document will remain unamended and otherwise unmodified and in full force and effect.
4.This Amendment, each Promissory Note and any other Loan Document may be executed in counterparts, each of which will constitute an original, but all of which when taken together will constitute a single contract. Delivery of an executed counterpart of a signature page of this Amendment by facsimile or other electronic means will be as effective as delivery of a manually executed counterpart of this Amendment.
SIGNATURE PAGE FOLLOWS
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SOUTH DAKOTA SOYBEAN PROCESSORS, LLC
Volga, South Dakota
Amendment No. 18462590SLA-F of Agreement No. 18462590SLA
SIGNATURE PAGE TO AMENDMENT TO CREDIT AGREEMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers, have executed this Agreement.
| SOUTH DAKOTA SOYBEAN PROCESSORS, LLC | ||||||||||||||
| By: | /s/ Xxxx Xxxx | |||||||||||||
| Name: | Xxxx Xxxx | |||||||||||||
| Title: | Chief Financial Officer | |||||||||||||
2
SOUTH DAKOTA SOYBEAN PROCESSORS, LLC
Volga, South Dakota
Amendment No. 18462590SLA-F of Agreement No. 18462590SLA
SIGNATURE PAGE TO AMENDMENT TO CREDIT AGREEMENT
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers, have executed this Agreement.
| COBANK, ACB | ||||||||||||||
| By: | /s/ Xxxxx Xxxxxxxxx | |||||||||||||
| Name: | Xxxxx Xxxxxxxxx | |||||||||||||
| Title: | Assistant Corporate Secretary | |||||||||||||
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