THIRD AMENDED AND RESTATED OPERATING AGREEMENT OF SOUTHWEST IOWA RENEWABLE ENERGY, LLC Dated: July 17, 2009Operating Agreement • August 21st, 2009 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa
THIS THIRD AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 17th day of July, 2009, by and among Southwest Iowa Renewable Energy, LLC, an Iowa limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A,” and any other Persons that may from time-to-time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
ContractSeries C Unit Issuance Agreement • August 21st, 2009 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Missouri
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 21st, 2009 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of August 1, 2009 (the “Effective Date”), among SOUTHWEST IOWA RENEWABLE ENERGY, LLC, an Iowa limited liability company (the “Borrower”), AGSTAR FINANCIAL SERVICES, PCA (“AgStar”), the other commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties to the Credit Agreement (the “Banks”), and AGSTAR FINANCIAL SERVICES, PCA, and its successors and assigns, as Agent for itself and the other Banks (the “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement (as defined below).
