ContractVersion Restructuring Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionEX-10.1 2 c58729exv10w1.htm EX-10.1 Exhibit 10.1 Execution Version RESTRUCTURING AGREEMENT dated as of June 16, 2010 among ABE SOUTH DAKOTA, LLC, as Borrower, ADVANCED BIOENERGY, LLC, ABE HEARTLAND, LLC, DAKOTA FUELS, INC., THE LENDERS REFERRED TO HEREIN, WESTLB AG, NEW YORK BRANCH, as Administrative Agent for the Lenders, WESTLB AG, NEW YORK BRANCH, as Collateral Agent for the Senior Secured Parties, THE SUBORDINATED BONDHOLDER REFERRED TO HEREIN, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE OF THE BROWN COUNTY, SOUTH DAKOTA SUBORDINATE SOLID WASTE FACILITIES REVENUE BONDS (HEARTLAND GRAIN FUELS, L.P., ETHANOL PLANT PROJECT) SERIES 2007A, as Bond Trustee, and BROWN COUNTY, SOUTH DAKOTA, as Issuer