FOURTH SUPPLEMENTAL INDENTURE
Exhibit 4.2
EXECUTION VERSION
FOURTH SUPPLEMENTAL INDENTURE (this “Fourth Supplemental Indenture”), dated as of May
16, 2007.
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the
Indenture (as defined below).
WHEREAS VeraSun Energy Corporation, a South Dakota corporation, as issuer (the
“Issuer”), VeraSun Aurora Corporation, a South Dakota corporation, VeraSun Fort Dodge, LLC,
a Delaware limited liability company, VeraSun Xxxxxxx City, LLC, a Delaware limited liability
company, VeraSun Marketing, LLC, a Delaware limited liability company, VeraSun Welcome, LLC, a
Delaware limited liability company, VeraSun Xxxxxxx, LLC, a Delaware limited liability company,
VeraSun Granite City, LLC, a Delaware limited liability company and VeraSun Xxxxxxxx, LLC, a
Delaware limited liability company, as Subsidiary Guarantors, and Xxxxx Fargo Bank, N.A., as
trustee, are parties to an Indenture dated as of December 21, 2005 (as supplemented by the First
Supplemental Indenture dated as of May 4, 2006, the Second Supplemental Indenture dated as of
August 21, 2006 and the Third Supplemental Indenture dated as of February 9, 2007, and as may be
further amended or supplemented from time to time, the “Indenture”), relating to the
Company’s 9 7/8% Senior Secured Notes due 2012 (the “Notes”).
WHEREAS Section 9.1(5) of the Indenture allows the Issuer to add a Subsidiary Guarantor
without notice or consent of any Holder.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged, the
parties hereto agree as follows:
1.1 New Subsidiary Guarantor. By executing this Fourth Supplemental Indenture and the
Note Guarantees referred to in Section 1.2 hereof, VeraSun Biodiesel, LLC, a Delaware limited
liability company (“VeraSun Biodiesel”), hereby agrees to guarantee the Issuer’s
obligations under the Notes on the terms and subject to the conditions set forth in Article XII of
the Indenture and the Note Guarantees.
1.2 Note Guarantee. VeraSun Biodiesel has duly executed and hereby delivers to the
Trustee a Note Guarantee with respect to its obligations as a Subsidiary Guarantor under the
Indenture. From and after the date hereof, VeraSun Biodiesel shall be a Subsidiary Guarantor for
all purposes under the Indenture and the Notes.
IN WITNESS WHEREOF, the undersigned have cause this Fourth Supplemental Indenture to be duly
executed as of the date first written above.
VERASUN ENERGY CORPORATION, as Issuer |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN AURORA CORPORATION, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN FORT DODGE, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN XXXXXXX CITY, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN MARKETING, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
Supplemental Indenture
VERASUN WELCOME, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN XXXXXXX, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN GRANITE CITY, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN XXXXXXXX, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
VERASUN BIODIESEL, LLC, as Guarantor |
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By: | /s/ Xxxxx X. Xxxxxx | |||
Name: | Xxxxx X. Xxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer | |||
Supplemental Indenture
XXXXX FARGO BANK, N.A., as Trustee |
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By: | /s/ Xxxxxxx X. Xxxxx | |||
Name: | Xxxxxxx X. Xxxxx | |||
Title: | Vice President | |||
Supplemental Indenture