0000950136-07-004104 Sample Contracts

BIOFUEL ENERGY CORP. 5,250,000 Shares of Common Stock Form of Underwriting Agreement
Underwriting Agreement • June 12th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York

The undersigned understands that you, as Representatives of the several Underwriters, propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with BioFuel Energy Corp., a Delaware corporation (the “Company”), providing for the public offering (the “Public Offering”) by the several Underwriters named in Schedule 1 to the Underwriting Agreement (the “Underwriters”), of common stock of the Company (the “Securities”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Underwriting Agreement.

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