AMENDED AND RESTATED REVOLVING CREDIT NOTEMGP Ingredients Inc • September 12th, 2008 • Grain mill products
This Amended and Restated Revolving Credit Note (the “Note”) is a Revolving Credit Note referred to in, is issued pursuant to, and is subject to the terms and conditions of, the Credit Agreement, dated as of May 5, 2008, among the Borrowers, the Banks party thereto and Commerce Bank, N.A., as the Agent, the Issuing Bank and the Swingline Lender, as amended (as so amended and as otherwise amended, renewed, restated, replaced, consolidated or otherwise modified from time to time, the “Credit Agreement”). To the extent of any conflict between the terms and conditions of this Note and the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall prevail and govern. Capitalized terms used but not defined in this Note have the meanings given to them in the Credit Agreement.
MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILINGMortgage, Security Agreement • September 12th, 2008 • MGP Ingredients Inc • Grain mill products
This Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (the “Mortgage”) is given as of September 3, 2008, by MGP INGREDIENTS, INC., a Kansas corporation (the “Borrower”), as successor to and survivor of Midwest Grain Products of Illinois, an Illinois general partnership, with an office located at Cray Business Plaza, 100 Commercial Street, Atchison, Kansas 66002, to COMMERCE BANK, N.A., a national banking association, as Agent for the Banks from time to time party to the Credit Agreement referred to below (in such capacity, the “Agent”), with an office located at 1000 Walnut Street, Kansas City, Missouri 64105.
FIRST AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • September 12th, 2008 • MGP Ingredients Inc • Grain mill products
This First Amendment to Security Agreement (the “Amendment”) is made as of September 3, 2008, among MGP Ingredients, Inc., a Kansas corporation (“MGP”), and Midwest Grain Pipeline, Inc., a Kansas corporation (“Midwest Grain”) (each a “Borrower” and, collectively, the “Borrowers”), and COMMERCE BANK, N.A., a national banking association, in its capacity as Agent under the Credit Agreement referred to below (in such capacity, the “Agent”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 12th, 2008 • MGP Ingredients Inc • Grain mill products
This First Amendment to Credit Agreement (the “Amendment”) is made as of September 3, 2008, by and among MGP Ingredients, Inc., a Kansas corporation (“MGP”), Midwest Grain Pipeline, Inc., a Kansas corporation (“Midwest Grain”), Commerce Bank, N.A., as Agent, Issuing Bank and Swingline Lender under the Credit Agreement referred to below, and the Banks party to the Credit Agreement referred to below. MGP and Midwest Grain are each referred to herein as a “Borrower” and are collectively referred to herein as the “Borrowers”. The Banks, the Agent, the Issuing Bank and the Swingline Lender are each referred to herein as a “Bank Party” and are collectively referred to herein as the “Bank Parties.”
