FORBEARANCE AGREEMENTForbearance Agreement • November 9th, 2012 • BioFuel Energy Corp. • Industrial organic chemicals • New York
This FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of November 5, 2012 by and among BFE OPERATING COMPANY, LLC, a Delaware limited liability company (“Opco”), BUFFALO LAKE ENERGY, LLC, a Delaware limited liability company (“Buffalo Lake”), PIONEER TRAIL ENERGY, LLC, a Delaware limited liability company (“Pioneer Trail”; Pioneer Trail, Buffalo Lake and Opco, each a “Borrower” and, collectively, “Borrowers”), as borrowers, Opco, as Borrowers’ agent (“Borrowers’ Agent”), FIRST NATIONAL BANK OF OMAHA, a national banking association, as administrative agent under the Credit Agreement described below (“Administrative Agent”), DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York state banking corporation, as collateral agent under the Credit Agreement described below (“Collateral Agent”; Collateral Agent and Administrative Agent, each an “Agent” and, together, “Agents”), and the Lenders set forth on the signature pages hereto.
