PLEDGE AND SECURITY AGREEMENT among FIRST UNITED ETHANOL, LLC, as Pledgor SOUTHWEST GEORGIA ETHANOL, LLC, as Company and WESTLB AG, NEW YORK BRANCH, as Collateral Agent Dated as of February 4, 2011Pledge and Security Agreement • February 18th, 2011 • First United Ethanol LLC • Industrial organic chemicals • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of February 4, 2011 (this “Agreement”), is entered into by and among FIRST UNITED ETHANOL, LLC, a limited liability company organized and existing under the laws of the State of Georgia (the “Pledgor”), SOUTHWEST GEORGIA ETHANOL, LLC, a limited liability company organized and existing under the laws of State of Georgia and a debtor-in-possession under Chapter 11 of the Bankruptcy Code (as defined below) (the “Company”), and WESTLB AG, NEW YORK BRANCH, in its capacity as collateral agent (together with its successors in such capacity, the “Collateral Agent”) for the Senior Secured Parties.
DEBTOR-IN-POSSESSION ACCOUNTS AGREEMENT dated as of February 4, 2011 among SOUTHWEST GEORGIA ETHANOL, LLC, as the Borrower, AMARILLO NATIONAL BANK, as the Accounts Bank and the Securities Intermediary, WESTLB AG, NEW YORK BRANCH, as the Collateral...Debtor-in-Possession Accounts Agreement • February 18th, 2011 • First United Ethanol LLC • Industrial organic chemicals • New York
THIS DEBTOR-IN-POSSESSION ACCOUNTS AGREEMENT, dated as of February 4, 2011 (this “Accounts Agreement”), is entered into by and among SOUTHWEST GEORGIA ETHANOL, LLC, a Georgia limited liability company and a debtor-in-possession under Chapter 11 of the Bankruptcy Code (as defined below) (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 collateral agent for the Pre-Petition Senior Secured Parties (as defined below) (together with its successors and assigns in such capacity, the “Pre-Petition Collateral Age
DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of February 4, 2011 among SOUTHWEST GEORGIA ETHANOL, LLC as Borrower, THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Issuing Bank, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for...Debt Agreement • February 18th, 2011 • First United Ethanol LLC • Industrial organic chemicals • New York
DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”), dated as of February 4, 2011, by and among SOUTHWEST GEORGIA ETHANOL, LLC, a Georgia limited liability company and a debtor-in-possession under Chapter 11 of the Bankruptcy Code (as defined below) (“Borrower”), each of the Lenders from time to time party hereto, WESTLB AG, NEW YORK BRANCH, as issuing bank with respect to the Letters of Credit, 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.
DEED TO SECURE DEBT, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS Dated as of February 4, 2011 from SOUTHWEST GEORGIA ETHANOL, LLC as Grantor to WESTLB AG, NEW YORK BRANCH, as Collateral Agent, as GranteeDeed to Secure Debt, Security Agreement and Assignment of Leases, Rents and Security Deposits • February 18th, 2011 • First United Ethanol LLC • Industrial organic chemicals • Georgia
THIS Deed to Secure Debt, Security Agreement and Assignment of Leases, Rents and Security Deposits, dated as of February 4, 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Deed to Secure Debt”), encumbers both real and personal property, contains an after-acquired property clause and secures present and future loans and advances.
