NINTH AMENDMENT TO CREDIT AGREEMENT AND FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENTCredit Agreement • April 1st, 2009 • Nova Biosource Fuels, Inc. • Petroleum refining • New York
This NINTH AMENDMENT TO CREDIT AGREEMENT AND FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of MARCH 27, 2009, is by and among NOVA BIOFUELS SENECA, LLC, a Delaware limited liability company (“Borrower”), NOVA HOLDING SENECA, LLC, a Delaware limited liability company (“Pledgor”), 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.
March 26, 2009Fifth Limited Waiver of Defaults • April 1st, 2009 • Nova Biosource Fuels, Inc. • Petroleum refining
Reference is hereby made to the Credit Agreement dated as of December 26, 2007 (as amended from time to time, the “Credit Agreement”) among Nova Biofuels Seneca, LLC, as Borrower (the “Borrower”), the lenders party thereto (the “Lenders”), WestLB AG, New York Branch, as Administrative Agent (the “Administrative Agent”), Collateral Agent, Issuing Bank, Lead Arranger and Sole Bookrunner, and Sterling Bank, as Accounts Bank. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Credit Agreement.
