BIOFUELS LETTERHEAD] CONFIDENTIAL AND PROPRIETARYConfidential and Proprietary • July 7th, 2011 • BioFuel Energy Corp. • Industrial organic chemicals
We direct your attention to (a) the following agreements by and among Cargill, Incorporated ( “Cargill”) and our subsidiary, Buffalo Lake Energy, LLC (“BLE”): (i) the Distillers Grains Marketing Agreement, dated as of September 25, 2006 (the “BLE Distillers Grains Marketing Agreement”); and (ii) that certain Agreement and Omnibus Amendment dated as of July 30, 2009 as modified and amended by that certain Letter Agreement dated as of September 23, 2010 (the “BLE Omnibus Agreement” and, together with the BLE Distillers Grains Marketing Agreement, the “BLE Agreements) and (b) the following agreements by and between Cargill and our subsidiary, Pioneer Trail Energy, LLC (“PTE”): (i) the Distillers Grains Marketing Agreement, dated as of September 25, 2006 (the “PTE Distillers Grains Marketing Agreement”); and (ii) that certain Agreement and Omnibus Amendment dated as of July 30, 2009 as modified and amended by that certain Letter Agreement dated as of September 23, 2010 (the “PTE Omnibus Ag
