FIRST NATIONAL BANK OF OMAHA CONFIRMATIONSwap Transaction Confirmation • September 21st, 2009 • Highwater Ethanol LLC • Industrial organic chemicals • New York
The purpose of this letter agreement is to set forth the terms and conditions of the Swap Transaction entered into between First National Bank of Omaha and Highwater Ethanol, LLC (the “Counterparty”) on the Trade Date specified below (the “Swap Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the Master Agreement specified below.
FIRST AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • September 21st, 2009 • Highwater Ethanol LLC • Industrial organic chemicals
THIS FIRST AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 11th day of August, 2009 between FIRST NATIONAL BANK OF OMAHA, a national banking association as a Bank and as the Administrative Agent and Collateral Agent for the Banks (in such capacities, “Bank”), the other Banks a party to the Loan Agreement referenced below and HIGHWATER ETHANOL, LLC, a Minnesota limited liability company (“Borrower”). This Amendment amends that certain Construction Loan Agreement dated April 24, 2008 between Bank, Banks and Borrower (“Loan Agreement”).
