Item 1.01. Entry into a Material Definitive Agreement.
Effective
The Amendment amended and restated the Company's:
• Third Amended and Restated Term Note dated
Note") in its entirety, replacing it with the Fourth Amended and Restated Term
Note dated
modifications:
- reduce the maximum principal amount from
- decrease the Daily Simple SOFR Rate Spread from 3.25% to 3.15% per annum; and
- provide for a single principal payment of
which remains
• Third Amended and Restated Revolving Term Note dated
"Existing Revolving Term Note") in its entirety, replacing it with the Fourth Amended and Restated Revolving Term Note datedMarch 28, 2023 (the "Restated Revolving Term Note") to decrease the Daily Simple SOFR Rate Spread from 3.25% to 3.15% per annum.
• Fourth Amended and Restated Revolving Credit Note dated
"Existing Revolving Credit Note") in its entirety, replacing it with the Fifth
Amended and Restated Revolving Credit Note dated
Revolving Credit Note") to make the following modifications:
- extend the maturity date from
- incorporate a one-year renewal option period exercisable by CoBank upon
approval by PCA by written notice to the Company prior to the maturity date;
and
- decrease the Daily Simple SOFR Rate Spread from 3.10% to 3.00% per annum.
The foregoing description of the Amendment, the Restated Term Note, the Restated Revolving Term Note, and the Restated Revolving Credit 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, 10.2, 10.3 and 10.4 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 Second Amended and Restated Credit Agreement datedMarch 28, 2023 by and amongSouthwest Iowa Renewable Energy, LLC ,Farm Credit Services of America , FLCA,Farm Credit Services of America , PCA and CoBank, ACB as amended by Amendment No. 1 dated as ofSeptember 21, 2022 10.2 Fourth Amended and Restated Term Note datedMarch 28, 2023 10.3 Fourth Amended and Restated Revolving Term Note datedMarch 28, 2023 10.4 Fifth Amended and Restated Revolving Credit Note datedMarch 28, 2023
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