AMENDED AND RESTATED COMPANY AGREEMENT CB JENI HOMES DFW LLCCompany Agreement • July 16th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals • Texas
This AMENDED AND RESTATED COMPANY AGREEMENT (this “Agreement”), dated to be effective as of April 1, 2012 (the “Effective Date”), is executed by and between JBGL Ownership LLC, a Delaware limited liability company (“JBGL”), and BHCP Homes, LLC, a Texas limited liability company (“BHCP”) and Bruno H. Pasquinelli, not individually but solely as Trustee of the BHCP Family Trust (the “Trust”) whose respective addresses are set forth on Schedule A of this Agreement. JBGL, BHCP, and the Trust are sometimes collectively referred to herein as the “Initial Members” of CBJ JBGL LLC, a Texas limited liability company, which shall change its name to CB JENI Homes DFW LLC, as provided and approved herein (the “Company”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT THE PROVIDENCE GROUP OF GEORGIA, L.L.C.Limited Liability Company Operating Agreement • July 16th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals • Georgia
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”), dated to be effective as of July 1, 2011 (the “Effective Date”), is executed by and between JBGL Builder Finance LLC, a Texas limited liability company (“JBGL”), and Michael Allen Smith and Christopher T. Graham, not individually but solely as Co-Trustees of the TPG Investment Trust (“TPG”), whose respective addresses are set forth on Schedule A of this Agreement. JBGL and TPG are sometimes collectively referred to herein as the “Initial Members” of The Providence Group of Georgia, L.L.C., a Georgia limited liability company (the “Company”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATINGLimited Liability Company Operating Agreement • July 16th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals • Georgia
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”), dated to be effective as of Nov 15th, 2011 (the “Effective Date”), is executed by and between JBGL Builder Finance LLC, a Texas limited liability company (“JBGL”), and MCWP, LLC, a Georgia limited liability company (“MCWP”), whose respective addresses are set forth on Schedule A of this Agreement, JBGL and MCWP are sometimes collectively referred to herein as the “Initial Members” of JBGL A&A, LLC, a Georgia limited liability company (the “Company”).
PROMISSORY NOTEBioFuel Energy Corp. • July 16th, 2014 • Industrial organic chemicals • Texas
FOR VALUE RECEIVED, JBGL CAPITAL, LP, a Delaware limited partnership (“Debtor”), unconditionally promises to pay to the order of PLAINSCAPITAL BANK, a Texas state bank (together with its successors and assigns, “Lender”), without setoff, at its offices at 2323 Victory Avenue, Dallas (Dallas County), TX 75219, or at such other place as may be designated by Lender, the principal amount of SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with, interest computed daily on the outstanding principal balance hereunder, at an annual interest rate (the “Rate"), and in accordance with the payment schedule indicated below. This PROMISSORY NOTE (this “Note”) is executed pursuant to and evidences the loan funded by Lender under, and secured in part by, (a) that certain LOAN AGREEMENT dated as of even date herewith (the “Effective Date"), between Debtor and Lender (as amended, resta
CROSS-PLEDGE AGREEMENTCross-Pledge Agreement • July 16th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals
This Cross-Pledge Agreement (“Agreement”) is made effective as of October 11, 2013, by and among INWOOD NATIONAL BANK, a national banking association (“Lender”), JBGL BUILDER FINANCE, LLC, a Texas limited liability company (“JBGL”), and JBGL MODEL FUND 1, LLC, a Texas limited liability company (“Fund”).
SECOND RENEWAL, EXTENSION, AND MODIFICATION OF PROMISSORY NOTE AND SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT (“Agreement”) (Loan No. 104403439)Security Agreement • July 16th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals
