ContractRestructuring Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionEX-10.1 2 c58729exv10w1.htm EX-10.1 Exhibit 10.1 Execution Version RESTRUCTURING AGREEMENT dated as of June 16, 2010 among ABE SOUTH DAKOTA, LLC, as Borrower, ADVANCED BIOENERGY, LLC, ABE HEARTLAND, LLC, DAKOTA FUELS, INC., THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for the Lenders, WESTLB AG, NEW YORK BRANCH, as Collateral Agent for the Senior Secured Parties, THE SUBORDINATED BONDHOLDER REFERRED TO HEREIN, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE OF THE BROWN COUNTY, SOUTH DAKOTA SUBORDINATE SOLID WASTE FACILITIES REVENUE BONDS (HEARTLAND GRAIN FUELS, L.P., ETHANOL PLANT PROJECT) SERIES 2007A, as Bond Trustee, and BROWN COUNTY, SOUTH DAKOTA, as Issuer
RESTRUCTURING AGREEMENT dated as of June 16, 2010 among ABE SOUTH DAKOTA, LLC, as Borrower, ADVANCED BIOENERGY, LLC, ABE HEARTLAND, LLC, DAKOTA FUELS, INC., THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for the...Restructuring Agreement • June 22nd, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
Contract Type FiledJune 22nd, 2010 Company Industry JurisdictionThis RESTRUCTURING AGREEMENT (this “Agreement”), dated as of June 16, 2010, is by and among ABE SOUTH DAKOTA, LLC (f/k/a Heartland Grain Fuels, L.P.), a Delaware limited liability company (the “Borrower”), DAKOTA FUELS, INC., a Delaware corporation (“Dakota Fuels”), ABE HEARTLAND, LLC, a Delaware limited liability company (“ABE Heartland”), ADVANCED BIOENERGY, LLC, a Delaware limited liability company (“ABE”), each of the lenders party to the Original Senior Credit Agreement referred to below (the “Lenders”), WESTLB AG, NEW YORK BRANCH, as administrative agent for such lenders (the “Administrative Agent”), WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties referred to below (the “Collateral Agent”), BROWN COUNTY, SOUTH DAKOTA (the “Issuer”), as issuer of the Subordinate Solid Waste Facilities Revenue Bonds (Heartland Grain Fuels, L.P. Ethanol Plant Project) Series 2007A (the “Subordinated Bonds”), WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as tr