0001104659-09-004647 Sample Contracts

CONSENT AND THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • January 28th, 2009 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

This CONSENT AND THIRD AMENDMENT TO CREDIT AGREEMENT (this “Agreement”), dated as of September 5, 2008, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), each of the Lenders 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, and STERLING BANK, a Texas banking corporation, as accounts bank.

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SIXTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • January 28th, 2009 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

This SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Agreement”), dated as of December 29, 2008, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), each of the Lenders party hereto, WESTLB AG, NEW YORK BRANCH, as administrative agent for the Lenders and WESTLB AG, NEW YORK BRANCH, as collateral agent for the Senior Secured Parties.

FIFTH AMENDMENT TO CREDIT AGREEMENT AND FIRST AMENDMENT TO COMPLETION GUARANTY
Credit Agreement • January 28th, 2009 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

This FIFTH AMENDMENT TO CREDIT AGREEMENT AND FIRST AMENDMENT TO COMPLETION GUARANTY (this “Agreement”), dated as of OCTOBER 31, 2008, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), NOVA BIOSOURCE FUELS, INC, a Nevada Corporation (“Guarantor”), each of the Lenders 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, and STERLING BANK, a Texas banking corporation, as accounts bank.

FOURTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • January 28th, 2009 • Nova Biosource Fuels, Inc. • Petroleum refining • New York

This FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Agreement”), dated as of September 29, 2008, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), each of the Lenders 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, and STERLING BANK, a Texas banking corporation, as accounts bank.

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