Loan Agreement by and between Arbor Bank, as Lead Lender and NEDAK Ethanol, LLC, a Nebraska limited liability company, as Borrower Dated as of June 19, 2007Loan Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
Index (average for the prior month) plus 475 basis points for the applicable five-year period. The interest rate on the Second Reset Date shall be equal to the 5-year U.S. Treasury Constant Maturity Index (average for the prior month) plus 475 basis points for the remainder of the term of the Loan.
ASSIGNMENT OF ASSET MANAGEMENT AGREEMENTAssignment of Asset Management Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals
This ASSIGNMENT OF ASSET MANAGEMENT AGREEMENT (“Assignment”) is made this 31st day of December, 2011, by and between NEDAK ETHANOL, LLC, a Nebraska limited liability company (“Assignor”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (formerly Farm Credit Services of Grand Forks, FLCA) (“Lender”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
THIS FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”) is entered into and made effective as of December 31, 2011, by and between NEDAK ETHANOL, LLC, a Nebraska limited liability company (“Borrower”), and ARBOR BANK, a Nebraska banking corporation (“Lead Lender”).
ASSET MANAGEMENT AGREEMENTAsset Management Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
This ASSET MANAGEMENT AGREEMENT (this “Agreement”) dated December 31, 2011, is made and entered into by and between NEDAK Ethanol, LLC, a Nebraska limited liability company, (“NEDAK”), and Tenaska BioFuels LLC, a Delaware limited liability company (“Tenaska”). NEDAK and Tenaska are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
AMENDED AND RESTATED TERM LOAN NOTETerm Loan Note • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals
FOR VALUE RECEIVED, the undersigned, Nedak Ethanol, LLC, a Nebraska limited liability company (“Borrower”), hereby promises to pay to the order of AgCountry Farm Credit Services, FLCA (together with any subsequent holder hereof, “Lender”) or its successors and assigns, at Post Office Box 6020, 1900 44th Street South, Fargo, North Dakota 58108, (a) on the Term Loan Maturity Date (as defined in the Amended and Restated Master Credit Agreement between Borrower and Lender dated as of December 31, 2011 and the First Supplement to the Amended and Restated Master Credit Agreement (Restructured Term Loan) between Borrower and Lender dated the same date (as the same may be amended, restated, supplemented or otherwise modified from time to time), collectively known as the “Credit Agreement”), the principal sum of Forty Two Million Five Hundred Thousand and No/100 Dollars ($42,500,000.00) or so much of the unpaid principal amount of the Term Loan (as defined in the Credit Agreement) as has advanc
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • North Dakota
THIS INTERCREDITOR AGREEMENT, dated as of December 31, 2011 (the “Agreement”), is made and executed by and between ARBOR BANK, a Nebraska banking corporation (together with its successors and assigns, “TIF Lender”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (formerly Farm Credit Services of Grand Forks, FLCA), a federal land credit association organized under the Farm Credit Act of 1971, as amended (together with its successors and assigns, “Senior Lender”).
AMENDED AND RESTATED MASTER CREDIT AGREEMENT dated as of December 31, 2011 between NEDAK ETHANOL, LLC as Borrower and AGCOUNTRY FARM CREDIT SERVICES, FLCA as LenderMaster Credit Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • North Dakota
AMENDED AND RESTATED PROMISSORY NOTEPromissory Note • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals
FOR VALUE RECEIVED, NEDAK ETHANOL, LLC (the “Borrower”), a Nebraska limited liability company, with an address at 87590 Hillcrest Road – P.O. Box 391, Atkinson, Nebraska 68713, promises to pay to the order of ARBOR BANK, a Nebraska banking corporation (“Lead Lender”), and having an office at 911 Central Avenue, Nebraska City, Nebraska 68410-0429, the principal sum of [SIX MILLION FIVE HUNDRED SEVENTY-NINE THOUSAND and 00/100 Dollars ($6,579,000.00)], under this Note from the date of its disbursement until such principal sum shall be fully paid. Interest and principal shall be payable in installments as set forth in Section 3 below. The total principal sum, or the amount thereof outstanding, together with any accrued but unpaid interest, shall be due and payable in full on December 1, 2021 (the “Maturity Date”).
ContractPurchase Letter • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals
The undersigned agrees to purchase the Series 2007A and the Series 2007B Note issued by the City of Atkinson, Nebraska (the “Issuer”), as specified on the attached Schedule I (the “Note”) and for consideration received, the undersigned (the “Purchaser”) hereby certifies as follows:
FIRST SUPPLEMENT TO THE AMENDED AND RESTATED MASTER CREDIT AGREEMENT (Restructured Term Loan)Master Credit Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals
THIS FIRST SUPPLEMENT TO THE AMENDED AND RESTATED MASTER CREDIT AGREEMENT (“First Supplement”) is made and entered into as of December 31, 2011, by and between NEDAK ETHANOL, LLC, a Nebraska limited liability company, and AGCOUNTRY FARM CREDIT SERVICES, FLCA, a federal land credit association organized under the Farm Credit Act of 1971, as amended. This First Supplement supplements the Amended and Restated Master Credit Agreement between Lender and Borrower dated as of even date herewith (as the same may be amended, restated, supplemented or otherwise modified (other than by Supplements entered into pursuant to Section 1.02 thereof) from time to time, the “Master Agreement”).
WHEN RECORDED MAIL TO: Lindquist & Vennum P.L.L.P. (KRP)Construction Security Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
December 30, 2011Equity Investment Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
THIS SUBSCRIPTION AGREEMENT (this “Subscription Agreement”) by and between NEDAK ETHANOL, LLC, a Nebraska limited liability company (the “Company”), and the undersigned subscriber(s) (the “Subscriber”) is made effective as of the date on which the Company accepts this Subscription Agreement by executing the Acceptance form below.
