ABL INTERCREDITOR AGREEMENT Dated as of August 29, 2017 among PNC BANK, NATIONAL ASSOCIATION, as ABL Collateral Agent and BNP PARIBAS, as Term Loan Collateral Agent and acknowledged and agreed to by GREEN PLAINS TRADE GROUP LLC, as the ABL Borrower...Abl Intercreditor Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals
This ABL INTERCREDITOR AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is dated as of August 29, 2017, and entered into by and among PNC BANK, NATIONAL ASSOCIATION, as agent for the holders of the ABL Obligations (as defined below) (in such capacity and together with its successors and assigns from time to time, the “ABL Collateral Agent”) and BNP PARIBAS, as collateral agent for the holders of the Term Loan Obligations (as defined below) (in such capacity and together with its successors and assigns from time to time, the “Term Loan Collateral Agent”) and acknowledged and agreed to by GREEN PLAINS TRADE GROUP LLC, a Delaware limited liability company (the “ABL Borrower”), GREEN PLAINS COMMODITY MANAGEMENT LLC (“GP Commodity”) and the other ABL Grantors (as defined below). Capitalized terms used in this Agreement have the meanings assigned to them in Section 1 below.
GUARANTYGuaranty • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the “Guaranty”), is executed in favor of BANK OF THE WEST and ING CAPITAL, LLC, as Joint Administrative Agents (and in such capacity, jointly and severally, the “Administrative Agents”) for the Secured Parties.
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals
This First Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement (the “Amendment”) is made this 29th day of August, 2017 by and among Green Plains Trade Group LLC, a limited liability company formed under the laws of the State of Delaware (“GTRADE”), and each Person joined as a Borrower from time to time (each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
TERM LOAN AGREEMENT dated as of August 29, 2017 among GREEN PLAINS INC., as Borrower, the Lenders party hereto, BNP PARIBAS, as Administrative Agent and as Collateral Agent, and BNP PARIBAS SECURITIES CORP., BMO CAPITAL MARKETS CORP. and MERRILL...Term Loan Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
This TERM LOAN AGREEMENT dated as of August 29, 2017 (this “Agreement”) is among GREEN PLAINS INC. (the “Borrower”), the Lenders (as defined below), BNP PARIBAS, as administrative agent and as collateral agent.
TERM LOAN INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT Dated as of August 29, 2017 among BNP PARIBAS, as Term Loan Collateral Agent, BNP PARIBAS, as Pari Passu Collateral Agent, BANK OF THE WEST and ING CAPITAL LLC, as ABL-Cattle Agent, BNP PARIBAS,...Term Loan Intercreditor and Collateral Agency Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
This TERM LOAN INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is dated as of August 29, 2017, and entered into by and among BNP PARIBAS, as collateral agent for the holders of the Term Loan Obligations (as defined below) (in such capacity and together with its successors and assigns from time to time, the “Term Loan Collateral Agent”), BNP PARIBAS, as collateral agent for the holders of the ABL Obligations (as defined below) (in such capacity and together with its successors and assigns from time to time, the “Pari Passu Collateral Agent”), BANK OF THE WEST and ING CAPITAL LLC, as joint administrative agent for the holders of the ABL-Cattle Obligations (as defined below) (in such joint capacity and together with their successors and assigns from time to time, the “ABL-Cattle Agent”), BNP PARIBAS, as collateral agent for the holders of the ABL-Grain Obligations (as define
PLEDGE AGREEMENTPledge Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
THIS PLEDGE AGREEMENT, dated as of August 29, 2017 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among Green Plains Inc. (the “Borrower”), each Subsidiary of the Borrower that from time to time becomes a party hereto (together with the Borrower, individually each a “Pledgor” and collectively the “Pledgors”) and BNP Paribas, as collateral agent (in such capacity, the “Collateral Agent”).
SECURITY AGREEMENTSecurity Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
THIS SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of August 29, 2017, is among Green Plains Inc. (the “Borrower”), and each Subsidiary of the Borrower that from time to time becomes a party hereto (each such Subsidiary together with the Borrower, individually each a “Debtor” and collectively the “Debtors”) and BNP Paribas, as collateral agent (in such capacity, the “Collateral Agent”).
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
This EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Eighth Amendment”) dated as of August 29, 2017 is among GREEN PLAINS GRAIN COMPANY LLC, a Delaware limited liability company (including in its capacity as successor by merger to Green Plains Essex Inc., an Iowa corporation, the “Borrower”), the Lenders party to the Credit Agreement (as defined below) and BNP PARIBAS, as Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings given to them in the Credit Agreement.
GUARANTYGuaranty • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the “Guaranty”), is hereby made by each of the undersigned (together with any other Person that becomes a party hereto as a guarantor by executing and delivering to the Administrative Agent a Joinder to Guaranty substantially in the form attached hereto as Exhibit “A” (a “Joinder”), a “Guarantor”), in favor of each of the Secured Parties (as defined in the Credit Agreement described below).
GUARANTYGuaranty • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • New York
THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the “Guaranty”), is executed in favor of BNP PARIBAS, as collateral agent (in such capacity, the “Collateral Agent”) and as administrative agent (in such capacity, the “Administrative Agent”) and the other Lender Parties (as defined below).
FOURTH AMENDMENT TO THE CREDIT AGREEMENTCredit Agreement • August 29th, 2017 • Green Plains Inc. • Industrial organic chemicals • Nebraska
This Fourth Amendment to the Credit Agreement (“Amendment”) is dated as of August 29, 2017, between by and among GREEN PLAINS CATTLE COMPANY LLC (the “Borrower”), the commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties to the Credit Agreement (as defined below) (and such commercial, banking or financial institutions are sometimes referred to hereinafter collectively as the “Lenders” and individually as a “Lender”), and BANK OF THE WEST and ING CAPITAL, LLC, as “Joint Administrative Agent”). Borrower, Lenders, and the Joint Administrative Agent agree as follows:
