Confidential treatment has been requested for this exhibit. The copy filed herewith omits the information subject to the confidentially request. Omissions are designated as ***. A complete version of this exhibit has been filed separately with the...Escrow Agreement • May 14th, 2013 • BioFuel Energy Corp. • Industrial organic chemicals • New York
THIS AGREEMENT (this “Agreement”) is entered into as of April 11, 2013 by and among FIRST NATIONAL BANK OF OMAHA, a national banking association, as escrow agent (“Escrow Agent”), 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”), and as collateral agent under the Credit Agreement (“Collateral Agent”; Collateral Agent and Administrative Agent, each, an “Agent” and, together, “Agents”), and the Lenders set forth on the signature pages hereto.
DEED IN LIEU OF FORECLOSURE AGREEMENT AND JOINT ESCROW INSTRUCTIONS dated as of April 11, 2013 among BFE OPERATING COMPANY, LLC, BUFFALO LAKE ENERGY, LLC, and PIONEER TRAIL ENERGY, LLC, as Borrowers, BFE OPERATING COMPANY, LLC, as Borrowers’ Agent,...Deed in Lieu of Foreclosure Agreement • May 14th, 2013 • BioFuel Energy Corp. • Industrial organic chemicals • New York
This Deed in Lieu of Foreclosure Agreement and Joint Escrow Instructions (this “Agreement”) is entered into as of April 11, 2013 (the “Effective Date”), 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”), and as collateral agent under the Credit Agreement (“Collateral Agent”; Collateral Agent and Administrative Agent, each, an “Agent” and, together, “Agents”), and the Lenders set forth on the signature pages hereto.
