SUBORDINATED TERM LOAN NOTEAgreement • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • 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 NORTH AMERICA, INC., a New York corporation (the “Lender”), the principal sum of Nineteen Million Five Hundred Seventeen Thousand One Hundred and Thirty-Six and 99/100ths Dollars ($19,517,136.99) (plus any PIK Interest which is capitalized and added to the outstanding principal balance of this Note) on July 1, 2023. 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, its Pro-Rata Share (as defined in that certain Intercreditor Agreement by and between Lender and ICM INVESTMENTS, LLC and dated as of the date hereof) (excluding any such securities evidencing senior indebtedness (meaning indebtedness which the payment of this Note is contractually subordinated to), trade payables incurred in the ordinary course of bu
CREDIT AGREEMENT by and between SOUTHWEST IOWA RENEWABLE ENERGY, LLC as Company, FARM CREDIT SERVICES OF AMERICA, FLCA as Lender and COBANK, ACB as Cash Management Provider and Agent Dated as of June 24, 2014Credit Agreement • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
THIS CREDIT AGREEMENT (as amended, restated, modified or supplemented from time to time, the “Agreement”) is dated as of June 24, 2014, and is entered into by and between SOUTHWEST IOWA RENEWABLE ENERGY, LLC, a limited liability company organized and existing under the laws of Iowa (“Company”), FARM CREDIT SERVICES OF AMERICA, FLCA, a federally-chartered instrumentality of the United States (“Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Cash Management Provider” or “Agent”).
SUBORDINATION AGREEMENTSubordination Agreement • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa
THIS SUBORDINATION AGREEMENT (this “Agreement”), dated as of June 24, 2014, is made by and among BUNGE NORTH AMERICA, INC., a New York corporation (“Bunge”), ICM INVESTMENTS, LLC, a Kansas limited liability company (“ICM”), CoBANK, ACB, and its successors and assigns, as Agent (the “Agent”) for itself and for the other commercial, banking or financial institutions whose signatures appear on the signature pages to the Credit Agreement (as defined below) or which hereafter become parties to the Credit Agreement (the “Banks”). Bunge and ICM are each referred to individually herein as a “Subordinated Noteholder” and, collectively, as the “Subordinated Noteholders.” Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
INTERCREDITOR AGREEMENTIntercreditor Agreement • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa
THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of June 23, 2014, is made by BUNGE NORTH AMERICA, INC., a New York corporation (“Bunge”) and ICM INVESTMENTS, LLC, a Kansas limited liability company (“ICM”). Bunge and ICM are each referred to individually herein as a “Subordinated Noteholder” and, collectively, as the “Subordinated Noteholders.”
NEGOTIABLE SUBORDINATED TERM LOAN NOTECobank Credit Agreement • June 30th, 2014 • Southwest Iowa Renewable Energy, LLC • Industrial organic chemicals
