SUBORDINATED TERM LOAN NOTESouthwest Iowa Renewable Energy, LLC • September 3rd, 2009 • Industrial organic chemicals
FOR VALUE RECEIVED, the undersigned, SOUTHWEST IOWA RENEWABLE ENERGY, LLC, an Iowa limited liability company (the “Borrower”), hereby promises to pay to the order of BUNGE N.A. HOLDINGS, INC., a Delaware corporation (the “Lender”), the principal sum of Twenty-Seven Million One Hundred Six Thousand Seventy-Eight and 55/100ths Dollars ($27,106,078.55) (plus any PIK Interest which is capitalized and added to the outstanding principal balance of this Note) on August 31, 2014. The Borrower hereby covenants and agrees to pay to the Lender as a mandatory prepayment on this Note, within three (3) Business Days’ after receipt thereof, Seventy-Six Percent (76%) of the net cash proceeds received by the Borrower from each sale or other issuance of any membership interests or other equity interests in the Borrower after the date of this Note. Amounts repaid or prepaid under this Note may not be reborrowed.
SUBORDINATED REVOLVING CREDIT NOTESubordinated Revolving Credit Note • September 3rd, 2009 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
FOR VALUE RECEIVED, on the last day of the Revolving Credit Period, the undersigned, SOUTHWEST IOWA RENEWABLE ENERGY, LLC, an Iowa limited liability company (the “Borrower”), hereby promises to pay to the order of BUNGE N.A. HOLDINGS, INC., a Delaware corporation (the “Lender”), the principal sum of Ten Million Dollars ($10,000,000.00), or such lesser sum as may then constitute the aggregate unpaid principal amount of all loans made by the Lender to the Borrower pursuant to this Note. Loans under this Note may be borrowed, paid, reborrowed and repaid, in whole or in part, subject to the terms and conditions of this Note. Notwithstanding any provision contained in this Note to the contrary, (a) the aggregate principal amount of loans which the Lender shall be committed to have outstanding under this Note at any one time shall not exceed Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00) (the “Lender’s Commitment”), (b) the Lender shall have no obligation to make any loan
