BOND TRUST INDENTUREBond Trust Indenture • October 15th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • South Dakota
THIS BOND TRUST INDENTURE (this “Bond Indenture”), dated as of October 1, 2007, between the BROWN COUNTY, SOUTH DAKOTA, a public body corporate and politic and a political subdivision, created and existing under the laws of the State of South Dakota (the “Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as trustee (the “Bond Trustee”), duly established, existing and authorized to accept and execute trusts of the character herein set out under and by virtue of the laws of the United States of America. Capitalized terms used but not defined in the following recitals and granting clauses shall have the meanings given such terms in Article I hereof.
SENIOR CREDIT AGREEMENT dated as of October 1, 2007 among HEARTLAND GRAIN FUELS, L.P., as Borrower, THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for the Lenders,Senior Credit Agreement • October 15th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
This SENIOR CREDIT AGREEMENT (this “Agreement”), dated as of October 1, 2007, is by and among HEARTLAND GRAIN FUELS, L.P., a Delaware limited partnership (“Borrower”), each of the Lenders from time to time party hereto, WESTLB AG, NEW YORK BRANCH, as administrative agent for the Lenders, WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties, WESTLB AG, NEW YORK BRANCH, as Issuing Bank with respect to the Letters of Credit and WESTLB AG, NEW YORK BRANCH, as lead arranger, sole bookrunner and syndication agent.
ACCOUNTS AGREEMENT dated as of October 1, 2007 among HEARTLAND GRAIN FUELS, L.P., 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 Senior Secured...Accounts Agreement • October 15th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
THIS ACCOUNTS AGREEMENT, dated as of October 1, 2007, (this “Accounts Agreement”), is entered into by and among HEARTLAND GRAIN FUELS, L.P., a Delaware limited partnership (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”), Wells Fargo Bank, National Association, in its capacity as trustee of the Brown County, South Dakota Subordinate Solid Waste Facilities Revenue Bonds (Heartland
AMENDMENT TO GRAIN ORIGINATION AGREEMENTGrain Origination Agreement • October 15th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • South Dakota
THIS AMENDMENT TO GRAIN ORIGINATION AGREEMENT (this “Amendment”), is made and entered into as of the 1st day of October, 2007, between Heartland Grain Fuels, L.P. a Delaware limited partnership (“HGF”), and South Dakota Wheat Growers Association, a South Dakota cooperative (“SDWG”).
LOAN AGREEMENT Between Heartland Grain Fuels, L.P. And Brown County, South Dakota Dated as of October, 2007Loan Agreement • October 15th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals
This is a LOAN AGREEMENT dated as of October 1, 2007 (herein referred to sometimes as this “Loan Agreement”) between Heartland Grain Fuels, L.P., a limited partnership organized and existing under the laws of the State of Delaware (the “Borrower”) and the Brown County, South Dakota (the “Issuer”), a public body corporate and politic and political subdivision created and existing under and by the constitution and the laws of the State of South Dakota.
