AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 26, 2008 among DURANT BIOFUELS, LLC, as Borrower, EARTH BIOFUELS, INC. as a Loan Party, THE FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders, and FOURTH THIRD LLC as Agent and Sole Lead ArrangerCredit Agreement • July 15th, 2008 • Earth Biofuels Inc • Industrial organic chemicals
GUARANTEE AND COLLATERAL AGREEMENT DATED AS OF JUNE 26, 2008 BY EARTH BIOFUELS, INC. AND DURANT BIOFUELS, LLC AS GRANTORS, IN FAVOR OF FOURTH THIRD LLC, AS AGENTControl Agreement • July 15th, 2008 • Earth Biofuels Inc • Industrial organic chemicals • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of June 26, 2008, by each of the signatories hereto identified on the signature pages hereto as a grantor (together with any other entity that may become a party hereto as a grantor as provided herein, each a “Grantor” and collectively, jointly and severally, the “Grantors”) in favor of Fourth Third LLC as Collateral Agent (in such capacity, the “Agent”) for itself in its capacity as the Agent and a Lender under the Credit Agreement (as hereinafter defined) (the “Lender”), together with the banks and other financial institutions or entities (collectively, the “Lenders”) from time to time parties to the Amended and Restated Credit Agreement, dated as of June __, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) among Durant Biofuels, LLC, (“Borrower”), Earth Biofuels, Inc. (“Parent”), any other Loan Parties named therein, the Lenders and the Agent, and the other Secured Creditors (as hereinafter d
