AMENDMENT NO. 3 TO MASTER FRAMEWORK AGREEMENTMaster Framework Agreement • November 5th, 2020 • CHS Inc • Wholesale-farm product raw materials • New York
and amends that certain Master Framework Agreement, dated as of September 4, 2018, by and among the MUFG Buyer and the other Buyers from time to time party thereto, Buyer Agent, Sellers and Seller Agent, as amended or otherwise modified from time to time prior to the date hereof, the “Framework Agreement”, and as amended hereby, the “Amended Framework Agreement”). Each of the MUFG Buyer, the Buyer Agent, the Seller Agent and each Seller may also be referred to herein individually as a “Party”, and collectively as the “Parties”.
AMENDMENT NO. 1 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • November 5th, 2020 • CHS Inc • Wholesale-farm product raw materials • New York
and amends that certain 1996 SIFMA Master Repurchase Agreement, dated as of September 4, 2018, between the Buyer and the Seller, as amended or otherwise modified from time to time prior to the date hereof, the “Master Repurchase Agreement”, and as amended hereby, the “Amended Master Repurchase Agreement”). Each of the Buyer and the Seller may also be referred to herein individually as a “Party”, and collectively as the “Parties”.
OMNIBUS AMENDMENT NO. 8CHS Inc • November 5th, 2020 • Wholesale-farm product raw materials • New York
This OMNIBUS AMENDMENT NO. 8, dated as of September 24, 2020 (this “Amendment”), is entered into by and among COFINA FUNDING, LLC, a Delaware limited liability company, as seller (the “Seller”), CHS INC. (“CHS”), a Minnesota corporation, as Servicer (in such capacity, the “Servicer”) and as an Originator, CHS CAPITAL, LLC, as an Originator (together with CHS, the “Originators”), SANTANDER BANK, NATIONAL ASSOCIATION, as an Alternate Purchaser (in such capacity, the “Santander Committed Purchaser”) and as a Purchaser Agent (in such capacity, the “Santander Purchaser Agent”) and each of the CONDUIT PURCHASERS, COMMITTED PURCHASERS and PURCHASER AGENTS set forth on the signature pages hereto, and MUFG BANK, LTD. F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH (“MUFG”), as administrative agent (in such capacity, the “Administrative Agent”) and is (i) the eighth amendment to the RPA (as defined below) and (ii) the seventh amendment to the Sale Agreement (as defined below).
OMNIBUS AMENDMENT NO. 7CHS Inc • November 5th, 2020 • Wholesale-farm product raw materials • New York
This OMNIBUS AMENDMENT NO. 7, dated as of June 26, 2020 (this “Amendment”), is entered into by and among COFINA FUNDING, LLC, a Delaware limited liability company, as seller (the “Seller”), CHS INC. (“CHS”), a Minnesota corporation, as Servicer (in such capacity, the “Servicer”) and as an Originator, CHS CAPITAL, LLC, as an Originator (together with CHS, the “Originators”), each of the CONDUIT PURCHASERS, COMMITTED PURCHASERS and PURCHASER AGENTS set forth on the signature pages hereto, and MUFG BANK, LTD. F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH (“MUFG”), as administrative agent (in such capacity, the “Administrative Agent”) and is (i) the seventh amendment to the RPA (as defined below) and (ii) the sixth amendment to the Sale Agreement (as defined below).
PERFORMANCE GUARANTYPerformance Guaranty • November 5th, 2020 • CHS Inc • Wholesale-farm product raw materials • New York
THIS PERFORMANCE GUARANTY (this “Guaranty”), dated as of July 22, 2016, is executed by CHS Inc., a Minnesota corporation (the “Performance Guarantor”), in favor of The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch, as administrative agent on behalf of the Affected Parties (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1 to EMPLOYMENT AGREEMENTEmployment Agreement • November 5th, 2020 • CHS Inc • Wholesale-farm product raw materials
This AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of November 5, 2020 (the “Effective Date”) by and between Jay D. Debertin (the “Executive”) and CHS Inc. (the “Company”) and amends that certain Employment Agreement effective May 22, 2017 by and between Executive and the Company. All terms capitalized herein shall have the same meanings ascribed to them in the Agreement. In the event of any conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall prevail.
