b. “Revolving Line of Credit Loan” is hereby amended and restated to read asfollows:“Revolving Line of Credit Loan” means that line of credit from the Lender to theBorrower in the amount of $2,000,000.00 and pursuant to the terms and conditions providedfor in this Agreement and the Third Supplement to the Agreement. c. “Amended and Restated Revolving Line of Credit Note” is hereby amended andrestated to read as follows:“Amended and Restated Revolving Line of Credit Note” means that certain SecondAmended and Restated Revolving Line of Credit Note to be executed and delivered to theLender by the Borrower dated October 14, 2008 pursuant to the terms and conditions providedfor in this Agreement and the Third Supplement to this Agreement. d. “Subordinated Debt” is hereby amended and restated to read as follows:“Subordinated Debt” means Debt held by Iowa Department of Economic Development andsubordinated Debt held by Borrower’s vendors.2. **Amendments to the Loan Agreement**: a. **Section 2.04****.**Section 2.04 is hereby amended and restated to read as follows:Section 2.04 **Revolving Line of Credit****.**Subject to the terms and conditions of thisAgreement and in reliance upon the representations and warranties set forth in thisAgreement, the Lender has agreed to lend to Borrower and Borrower has agreed to borrow fromLender, as of October 14, 2008 and from time to time thereafter, on a revolving basis anamount not to exceed $2,000,000.00. Such amount shall be loaned by Lender pursuant to theterms and conditions set forth in this Agreement and the Third Supplement to this Agreement.Pursuant to the terms and conditions in this Agreement, the Lender may extend additionalRevolving Loans to the Borrower. Any such future Revolving Loans shall be provided byLender pursuant to the terms and conditions of a future term Revolving Loan Supplement. b. **Section 2.12****.**Section 2.12(e) is hereby amended and restated to read as follows:Section 2.12 (e) **Computations****.**Except as expressly provided otherwise herein, allcomputations of interest and fees shall be made on the basis of actual number of days lapsedover a year of 365 days. Interest shall accrue from and include the date of borrowing, butexclude the date of payment. c. **Section 5.01****.**Section 5.01(e) is hereby amended and restated to read as follows:Section 5.01(e) **Tangible Net Worth****.**On October 14, 2008, the Borrower’s TangibleNet Worth shall be not less than $19,473,807.00. After October 14, 2008, the Borrower shallmaintain Tangible Net Worth, measured at the end of each fiscal year, in an amount equal tothe lesser of: (i) the Borrower’s Tangible Net Worth at the end of the immediatelypreceding fiscal year plus $500,000.00; or (ii) the Borrower’s Tangible Net Worth at the endof theimmediately preceding fiscal year plus the Borrower’s retained earnings at the end of thecurrent fiscal year;
 
 

 
3. **Conditions to Effectiveness of this Amendment****.** Except as otherwise expresslystated in this Amendment, this Amendment shall become effective as of the date hereof upon thesatisfaction of the conditions precedent that Lender shall have received, on or before the datehereof, the following documents, reports and related matters, duly executed (as applicable) by theBorrower and Guarantor, as applicable, and in a form acceptable to the Lender: a. The First Amendment;  b. Allonge #2 to Construction and Term Note;  c. Allonge to Term Revolving Note;  d. The Second Amended and Restated Third Supplement;  e. The Amended and Restated Revolving Line of Credit Note;  f. A deposit account control agreement in favor of the Lender on such depositaccounts of the Borrower as required by Lender, and in form and substance acceptable tothe Lender; and  g. The fee letter and payment of those fees as stated therein.4. **Warranties of Borrower****.** Borrower hereby represents and warrants as follows: a. Borrower hereby affirms as of the date hereof each and every representation andwarranty contained in the Loan Agreement, the promissory notes, the mortgage and allother documents delivered by Borrower to Lender in connection therewith are true in allmaterial respects.  b. The execution, delivery and performance by Borrower of this First Amendment hasbeen duly authorized by the Borrower.  c. Borrower is not in default under the Loan Agreement, and no condition existswhich, with the giving of notice or lapse of time, or both, would constitute a defaultby the Borrower thereunder, except as disclosed on Exhibit A hereto.5. **Amendment to Control****.******In the event of any conflict between this First Amendmentand the Loan Agreement, the provisions of this Amendment shall control.6. **Ratification of Loan Agreement****.** As amended hereby, the Loan Agreement remains infull force and effect and is hereby ratified and affirmed.
 
 

 
7. **Severability****.** Any provision contained in this First Amendment which is held to beinoperative, unenforceable or invalid in any jurisdiction shall, as to that jurisdiction, beinoperative, unenforceable or invalid without affecting the remaining provisions of this FirstAmendment in that jurisdiction or the operation, enforceability or validity of such provision inany other jurisdiction.8. **GOVERNING LAW****.** THIS FIRST AMENDMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCEWITH THE LAWS OF THE STATE OF IOWA.9. **Counterparts****.** This First Amendment may be executed in any number of counterparts,each of which, when so executed and delivered, shall be considered an original and all of whichcounterparts, taken together, shall constitute but one and the same instrument, even though all ofthe parties hereto may not have executed the same counterpart of this First Amendment.{SIGNATURE PAGE TO FOLLOW THIS PAGE}
 
 

 
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