FIFTH AMENDMENT OF LOAN AGREEMENTLoan Agreement • August 29th, 2014 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Nebraska
THIS FIFTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is entered into and effective as of the 31st day of May, 2014 among NUGEN ENERGY, LLC, a South Dakota limited liability company (“Borrower”), FIRST NATIONAL BANK OF OMAHA in its capacities as Agent and a Bank (“Agent”) and the Banks party to the Loan Agreement referenced below, and amends that certain Loan Agreement dated November 1, 2011 among Borrower, the Agent and Banks (as amended, the “Loan Agreement”).
TENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 29th, 2014 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Nebraska
THIS TENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 31st day of July, 2014 by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), FIRST NATIONAL BANK OF OMAHA (“FNBO”), a national banking association headquartered in Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the BANKS party to the AGREEMENT. This Amendment amends that certain Construction Loan Agreement dated September 20, 2007 among the AGENT, BANKS and BORROWER (“AGREEMENT”).
