SPONSOR SUPPORT AGREEMENT dated as of April 2, 2008 by and among PANDA ETHANOL, INC., as Sponsor, PANDA HEREFORD ETHANOL, L.P., as Borrower, and SOCIÉTÉ GÉNÉRALE, as the Administrative AgentSponsor Support Agreement • April 8th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals • New York
This SPONSOR SUPPORT AGREEMENT, dated as of April 2, 2008 (as may be amended, modified or supplemented, from time to time, this “Sponsor Support Agreement”), is by and among PANDA ETHANOL, INC., a Nevada corporation (the “Sponsor”), PANDA HEREFORD ETHANOL, L.P., a Delaware limited partnership (“Borrower”), and SOCIÉTÉ GÉNÉRALE, a bank organized and existing under the laws of France and acting through its New York Branch, in its capacity as administrative agent (together with its permitted successors and assigns in such capacity, the “Administrative Agent”) for the Lenders under the Financing Agreement, dated as of July 28, 2006 (as amended, modified or supplemented from time to time, the “Financing Agreement”), by and among Borrower, the Agents thereunder, the Lenders from time to time party thereto, the LC Fronting Bank thereunder and the Lead Arranger thereunder.
SECOND AMENDMENT TO FINANCING AGREEMENT AND DEPOSITARY AND DISBURSEMENT AGREEMENTFinancing Agreement and Depositary and Disbursement Agreement • April 8th, 2008 • Panda Ethanol, Inc. • Industrial organic chemicals • New York
This SECOND AMENDMENT TO FINANCING AGREEMENT AND DEPOSITARY AND DISBURSEMENT AGREEMENT (this “Amendment”), dated as of April 2, 2008, is made by and among PANDA HEREFORD ETHANOL, L.P., as Borrower, SOCIÉTÉ GÉNÉRALE, as Administrative Agent, Disbursement Agent and a Lender, and the LENDERS (collectively, the “Parties”). Capitalized terms not defined in this Amendment shall have the meanings given in the Financing Agreement, dated as of July 28, 2006 (as amended, the “Financing Agreement”), by and among Borrower, the Agents, the Lenders from time to time party thereto, the LC Fronting Bank and the Lead Arranger.
