definiens: ( as such term is defined in Item 601(b)(10 ) of Regulation S - K of the SEC ) ( a ) . None of USBioEnergy, any of its Subsidiaries or, to the Knowledge of US BioEnergy, any other party thereto is in violation of or indefault under ( nor does there exist any condition which upon the passage of time or the giving of notice or both wouldcause such a violation of or default by US BioEnergy or any of its Subsidiaries or, to the Knowledge of US BioEnergy, any other party thereto under ) any Contract to which it is a party or by which it or any of its properties or other assetsis bound, except for violations or defaults that, individually or in the aggregate, have not had and are not reasonablylikely to have a Material Adverse Effect . To the Knowledge of US BioEnergy, there are no circumstances existing asof the date of this Agreement that would be reasonably likely to give rise to a breach or default under any materialContracts relating to the construction of the US BioEnergy Plants that are set forth on Section 3.01(k)(i ) of theDisclosure Schedule