0001104659-09-002916 Sample Contracts

Contract

Subordinated Debt Agreement • January 20th, 2009 • BioFuel Energy Corp. • Industrial organic chemicals • New York

• Contract Type
  Subordinated Debt Agreement
• Filed
  January 20th, 2009
• Company
  BioFuel Energy Corp.
• Industry
  Industrial organic chemicals
• Jurisdiction
  New York

THIS AGREEMENT (the “Agreement”) is entered into on January 14, 2009, by and between BioFuel Energy, LLC, a Delaware limited liability company (the “Company”), and Cargill, Incorporated, a Delaware corporation (“Cargill”).

Contract

Waiver and Amendment Agreement • January 20th, 2009 • BioFuel Energy Corp. • Industrial organic chemicals

• Contract Type
  Waiver and Amendment Agreement
• Filed
  January 20th, 2009
• Company
  BioFuel Energy Corp.
• Industry
  Industrial organic chemicals

WAIVER AND AMENDMENT AGREEMENT dated as of January 14, 2009 (this “Agreement”) among BioFuel Energy, LLC, a Delaware limited liability company (the “Borrower”), certain affiliates of Greenlight Capital, Inc. and Third Point LLC as listed on Schedule A attached hereto (such affiliates, the “Lenders”), and Greenlight APE, LLC, as Administrative Agent (the “Agent”).