EXHIBIT 10.1
AMENDMENT NO. 3 TO
FIFTH SUPPLEMENT
TO THE MASTER LOAN
AGREEMENT
(REVOLVING LINE OF CREDIT
LOAN)
This Amendment No. 3 to the
Master Loan Agreement (Revolving Line of Credit Loan) (this “
Amendment ”) is effective as of May 29, 2009, by
and between HERON LAKE BIOENERGY, LLC , a Minnesota limited
liability company (“ Borrower ”) and AGSTAR
FINANCIAL SERVICES, PCA (“ Lender
”).
RECITALS
A.
Lender has extended various credit facilities to Borrower for the
purposes of acquiring, constructing, equipping, furnishing and
operating an ethanol production facility in Jackson County,
Minnesota, pursuant to that certain Fourth Amended and Restated
Master Loan Agreement dated as of October 1, 2007, as the same
may be amended, supplemented, modified, extended or restated from
time to time (the “ MLA ”); that certain Third
Supplement to the Master Loan Agreement (Term Loan) dated as of
October 1, 2007, as the same may be amended, supplemented,
modified, extended or restated from time to time (the “
Third Supplement ”); that certain Fourth Supplement to
the Master Loan Agreement (Term Revolving Loan) dated as of
October 1, 2007, as the same may be amended, supplemented,
modified, extended or restated from time to time (the “
Fourth Supplement ”); and that certain Fifth
Supplement to the Master Loan Agreement (Revolving Line of Credit
Loan) dated as of November 19, 2007, as amended by that
certain Amendment No. 1 to Fifth Supplement to the Master Loan
Agreement dated November 17, 2008, as further amended by that
certain Amendment No. 2 to Fifth Supplement to the Master Loan
Agreement dated February 1, 2009, as the same may be amended,
supplemented, modified, extended or restated from time to time
(collectively, the “ Fifth Supplement ”).
The MLA, Third Supplement, Fourth Supplement and Fifth Supplement
are referred to collectively hereinafter as the “ Loan
Agreement ”).
B.
Borrower has requested that Lender amend certain provisions of the
Fifth Supplement, and Lender has agreed to such amendments upon the
terms and conditions set forth herein.
C.
Unless otherwise expressly defined herein, capitalized terms used
herein shall have the same meaning ascribed to them in the MLA or
the Fifth Supplement, as applicable.
AGREEMENT
NOW, THEREFORE, in consideration of
the premises herein contained, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto herby agree as follows:
