AMENDMENT TO THE MASTER LOAN AGREEMENT

EX-10.1 2 v326034_ex10-1.htm EXHIBIT 10.1

 

Exhibit 10.1

 

 AMENDMENT TO THE

MASTER LOAN AGREEMENT

 

THIS AMENDMENT is entered into as of October 4, 2012 between CoBANK, ACB ("Co Bank") and SOUTH DAKOTA SOYBEAN PROCESSORS, LLC, Volga, South Dakota (the "Company").

 

BACKGROUND

 

CoBank and the Company are parties to a Master Loan Agreement dated March 19, 2012 (such agreement is hereinafter referred to as the "MLA"). CoBank and the Company now desire to amend the MLA. For that reason, and for valuable consideration (the receipt and sufficiency of which are hereby acknowledged), CoBank and the Company agree as follows:

 

1.Section 10 (A) of the MLA is hereby amended and restated to read as follows:

 

SECTION 10. Financial Covenants. Unless otherwise agreed to in writing, while this agreement is in effect:

 

(A)      Working Capital. The Company and its consolidated Subsidiaries will have an excess of consolidated current assets over consolidated current liabilities (both as determined in accordance with GAAP consistently applied) of not less than: (1) $11,000,000.00 at the end of each fiscal year of the Company; and (2) $9,000,000.00 at the end of each other period for which financial statements are required to be furnished pursuant to Section 8(H) hereof, except that in determining consolidated current assets, any amount available under the Revolving Term Loan Supplement (less the amount that would be considered a current liability under GAAP if fully advanced) hereto may be included.

 

2.            Except as set forth in this amendment, the MLA, including all amendments thereto, shall continue in full force and effect as written.

 

IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized officers as of the date shown above.

 

CoBANK,ACB   SOUTH DAKOTA SOYBEAN
    PROCESSORS, LLC
         
By: /s/ Tonya Butler   By: /s/ Thomas J. Kersting
         
Title: Assistant Corporate Secretary   Title: CEO

 

 
 

 

Exhibit 10.1

 

COMPLIANCE CERTIFICATE

South Dakota Soybean Processors, LLC (18462590)

 

CoBank, ACB

ATTN: CIServices

P.O. Box 5110

Denver, Colorado 80217

 

or

 

CoBank, ACB

ATTN: CIServices

5500 South Quebec Street

Greenwood Village, Colorado 80111

 

The following is based on the reporting period ending (date):              _____________

 

Working Capital Calculation

 

  A.  Consolidated Current Assets $  __________
  B.  Consolidated Current Liabilities <$__________>
  C. Add: Unadvanced Term Revolver* $  __________

 

*Less any amount considered a current liability per GAAP and not included

in "B" above.

 

  D. Working Capital for Covenant Reporting*** $___________

 

***Requirement is <$11.0 million for fiscal year and <$9.0 million for interim monthly reporting.

 

I have reviewed the above calculations and the certified consolidated interim financial statement(s) dated as of ___________ and, based upon this review, hereby certify that to the best of my knowledge the above calculations are accurate and com plete for the period reflected.

South Dakota Soybean Processors, LLC Volga, South Dakota

 

  South Dakota Soybean Processors, LLC
  Volga, South Dakota
   
  By:  
  Name:  
  Title:  
  Date: