0001144204-10-066523 Sample Contracts

AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • December 15th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

This AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) dated as of __________, 20[__] is entered into by and among BioFuel Energy Corp., a Delaware corporation (the “Company”), and certain holders of securities of the Company party to this Agreement (collectively, the “Investor Parties”).

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BIOFUEL ENERGY CORP., MELLON INVESTOR SERVICES LLC, as Depositary, and THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY SHARES DESCRIBED HEREIN
Deposit Agreement • December 15th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • New York

DEPOSIT AGREEMENT dated as of [ ], 201[ ], among BIOFUEL ENERGY CORP., a corporation duly organized and existing under the laws of the State of Delaware, MELLON INVESTOR SERVICES LLC (operating with the service name BNY Mellon Shareowner Services), a limited liability company existing under the laws of the State of New Jersey, and the holders from time to time of the Depositary Shares (as hereinafter defined) described herein.

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