EXHIBIT 10.5
Amendment No. RI0340T02A
AMENDMENT
TO THE
CONSTRUCTION AND REVOLVING 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
Revolving 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. The Effective Date in the
first paragraph of the Supplement is hereby amended to be
June 1, 2007.
2. 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
Effective Date hereof (or, if requested by Company, such earlier
date as Agent may, in its sole discretion, authorize in writing),
up to and including December 1, 2016, or such later date as
Agent may, in its sole
