Item 1.01. Entry into a Material Definitive Agreement.
Effective
The Amendment amends and restates the Company's Second Amended and Restated
Revolving Term Note dated
The Amendment also makes certain amendments to the Credit Agreement including the following:
? Amends the definition of Permitted Indebtedness to increase the aggregate
principal amount of indebtedness the Company may incur to
current balance of any Existing Indebtedness (as defined in the Credit
Agreement)).
? Amends the negative covenant relating to the payment of dividends or other
distributions to include the purchase, redemption, retirement or acquisition of
the Company's units.
? Increases the amount of payments the Company can make under its Operating
Leases (as defined in the Credit Agreement) to
Except as set forth in the Amendment and the Restated Revolving Term Note, all other terms of the Credit Agreement remain in full force and effect. The credit facility continues to be secured by substantially all of the Company's assets.
The foregoing description of the Amendment and Restated Revolving Term Note do not purport to be complete and are qualified in their entirety by reference to the full text of these documents, which are filed as Exhibits 10.1 and 10.2 to this Current Report on Form 8-K and incorporated herein by reference.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant.
The information set forth in Item 1.01 of this Current Report on Form 8-K is incorporated by reference into this Item 2.03, as if fully set forth herein.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits Exhibit Description Number 10.1 Amendment No. 1 to the First Amended and Restated Credit Agreement datedSeptember 21, 2022 by and amongSouthwest Iowa Renewable Energy, LLC ,Farm Credit Services of America , FLCA,Farm Credit Services of America , PCA and CoBank, ACB 10.2 Third Amended and Restated Revolving Term Note datedSeptember 21, 2022
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