RESTRUCTURING AGREEMENT dated as of June 16, 2010 among ABE SOUTH DAKOTA, LLC, as Borrower, ADVANCED BIOENERGY, LLC, ABE HEARTLAND, LLC, DAKOTA FUELS, INC., THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for the...Restructuring Agreement • June 22nd, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
This RESTRUCTURING AGREEMENT (this “Agreement”), dated as of June 16, 2010, is by and among ABE SOUTH DAKOTA, LLC (f/k/a Heartland Grain Fuels, L.P.), a Delaware limited liability company (the “Borrower”), DAKOTA FUELS, INC., a Delaware corporation (“Dakota Fuels”), ABE HEARTLAND, LLC, a Delaware limited liability company (“ABE Heartland”), ADVANCED BIOENERGY, LLC, a Delaware limited liability company (“ABE”), each of the lenders party to the Original Senior Credit Agreement referred to below (the “Lenders”), WESTLB AG, NEW YORK BRANCH, as administrative agent for such lenders (the “Administrative Agent”), WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties referred to below (the “Collateral Agent”), BROWN COUNTY, SOUTH DAKOTA (the “Issuer”), as issuer of the Subordinate Solid Waste Facilities Revenue Bonds (Heartland Grain Fuels, L.P. Ethanol Plant Project) Series 2007A (the “Subordinated Bonds”), WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as tr
AMENDED AND RESTATED SENIOR CREDIT AGREEMENT dated as of June 16, 2010 among ABE SOUTH DAKOTA, LLC, as Borrower, THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for the Lenders, and WESTLB AG, NEW YORK BRANCH, as...Senior Credit Agreement • June 22nd, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
This AMENDED AND RESTATED SENIOR CREDIT AGREEMENT (this “Agreement”), dated as of June 16, 2010, is by and among ABE SOUTH DAKOTA, LLC (f/k/a Heartland Grain Fuels, L.P.), a Delaware limited liability company (“Borrower”), each of the Lenders from time to time party hereto, WESTLB AG, NEW YORK BRANCH, as administrative agent for the Lenders and WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties.
AMENDED AND RESTATED ACCOUNTS AGREEMENT dated as of June 16, 2010 among ABE SOUTH DAKOTA, LLC, as the Borrower, AMARILLO NATIONAL BANK, as the Accounts Bank and the Securities Intermediary, WESTLB AG, NEW YORK BRANCH, as the Collateral Agent for the...Accounts Agreement • June 22nd, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
THIS AMENDED AND RESTATED ACCOUNTS AGREEMENT, dated as of June 16, 2010, (this “Accounts Agreement”), is entered into by and among ABE SOUTH DAKOTA, LLC, (f/k/a Heartland Grain Fuels, L.P.) a Delaware limited liability company (the “Borrower”), AMARILLO NATIONAL BANK, in its capacity as accounts bank (together with its successors and assigns in such capacity, the “Accounts Bank”) and in its capacity as securities intermediary (together with its successors and assigns in such capacity, the “Securities Intermediary”), WESTLB AG, NEW YORK BRANCH, in its capacity as collateral agent for the Senior Secured Parties (as defined below) (together with its successors and assigns in such capacity, the “Collateral Agent”), WESTLB AG, NEW YORK BRANCH, in its capacity as administrative agent for the Lenders (together with its successors and assigns in such capacity, the “Administrative Agent”).
