AMENDMENT TO THE CONSTRUCTION AND TERM LOAN SUPPLEMENTConstruction Loan Agreement |
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ABE FAIRMONT, LLC | ADVANCED BIOENERGY, LLC | FARM CREDIT SERVICES OF AMERICA, FLCA. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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EXHIBIT 10.4
Amendment No. RI0340T01A
AMENDMENT
TO THE
CONSTRUCTION AND TERM LOAN SUPPLEMENT
THIS AMENDMENT is entered into as of November 20, 2006, between FARM CREDIT SERVICES OF AMERICA, FLCA ("Farm Credit") and ABE FAIRMONT, LLC, Fairmont, Nebraska (the "Company").
BACKGROUND
Farm Credit and ADVANCED BIOENERGY, LLC, Fairmont, Nebraska ("Advanced") are parties to a Construction and Term Loan Supplement dated February 17, 2006 (such agreement, as previously amended, is hereinafter referred to as the "Supplement"). Further, the Company has formally assumed all obligations under the Supplement from Advanced. Farm Credit and the Company now desire to amend certain sections of the Supplement. For that reason, and for valuable consideration (the receipt and sufficiency of which are hereby acknowledged), Farm Credit and the Company agree that the following sections of the Supplement are hereby amended to read as follows:
1. Section 3 of the Supplement is hereby amended and restated to read as follows:
SECTION 3. Term. The term of the Commitment shall be from the date hereof, up to and including September 1, 2007, or such later date as Agent may, in its sole discretion, authorize in writing.
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Section 5(B) of the Supplement is hereby amended and restated to read as follows: SECTION 5. Interest and Fees. |
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(B) Loan Origination Fee.
In consideration of the Commitment, the Company agrees to
