ACCOUNT NUMBER:
920-1-060663, FOR THE ACCOUNT OF WESTLB AG, NY
BRANCH, ABA #021000021, REF:
HEARTLAND GRAIN FUELS, L.P. OR AT SUCH OTHER
OFFICE OR ACCOUNT AS MAY FROM TIME TO TIME BE SPECIFIED BY THE ADMINISTRATIVE
AGENT TO THE BORROWER. FUNDS RECEIVED AFTER 11:00 A.M. NEW YORK CITY TIME SHALL
BE DEEMED TO HAVE BEEN RECEIVED BY THE ADMINISTRATIVE AGENT ON THE NEXT
SUCCEEDING BUSINESS DAY.
(B)
THE ADMINISTRATIVE AGENT SHALL PROMPTLY REMIT IN IMMEDIATELY AVAILABLE
FUNDS TO EACH SENIOR SECURED PARTY ITS SHARE, IF ANY, OF ANY PAYMENTS RECEIVED
BY THE ADMINISTRATIVE AGENT FOR THE ACCOUNT OF SUCH SENIOR SECURED PARTY.
21
(C)
WHENEVER ANY PAYMENT (INCLUDING ANY PAYMENT OF PRINCIPAL OF OR INTEREST ON
ANY LOAN OR ANY FEES OR OTHER OBLIGATIONS) HEREUNDER OR UNDER ANY OTHER
FINANCING DOCUMENT SHALL BECOME DUE, OR OTHERWISE WOULD OCCUR, ON A DAY THAT IS
NOT A BUSINESS DAY, SUCH PAYMENT SHALL (EXCEPT AS OTHERWISE REQUIRED BY THE
PROVISO TO THE DEFINITION OF "INTEREST PERIOD" WITH RESPECT TO EURODOLLAR LOANS)
BE MADE ON THE IMMEDIATELY SUCCEEDING BUSINESS DAY, AND SUCH INCREASE OF TIME
SHALL IN SUCH CASE BE INCLUDED IN THE COMPUTATION OF INTEREST OR FEES, IF
APPLICABLE.
SECTION 3.12
FUNDINGS AND PAYMENTS GENERALLY. (A) UNLESS THE ADMINISTRATIVE
AGENT HAS RECEIVED NOTICE FROM THE BORROWER PRIOR TO THE DATE ON WHICH ANY
PAYMENT IS DUE TO THE ADMINISTRATIVE AGENT FOR THE ACCOUNT OF THE LENDERS
HEREUNDER THAT THE BORROWER WILL NOT MAKE SUCH PAYMENT, THE ADMINISTRATIVE AGENT
MAY ASSUME THAT THE BORROWER HAS MADE SUCH PAYMENT ON SUCH DATE IN ACCORDANCE
WITH THIS AGREEMENT AND MAY, IN RELIANCE UPON SUCH ASSUMPTION, DISTRIBUTE TO THE
LENDERS THE AMOUNT DUE. IF THE BORROWER HAS NOT IN FACT MADE SUCH PAYMENT, THEN
EACH OF THE LENDERS SEVERALLY AGREES TO REPAY TO THE ADMINISTRATIVE AGENT
FORTHWITH ON DEMAND THE AMOUNT SO DISTRIBUTED TO SUCH LENDER IN IMMEDIATELY
AVAILABLE FUNDS WITH INTEREST THEREON, FOR EACH DAY FROM AND INCLUDING THE DATE
SUCH AMOUNT IS DISTRIBUTED TO IT TO BUT EXCLUDING THE DATE OF PAYMENT TO THE
ADMINISTRATIVE AGENT, AT THE GREATER OF (I) THE FEDERAL FUNDS EFFECTIVE RATE AND
(II) A RATE DETERMINED BY THE ADMINISTRATIVE AGENT IN ACCORDANCE WITH BANKING
INDUSTRY RULES ON INTERBANK COMPENSATION. A NOTICE BY THE ADMINISTRATIVE AGENT
TO ANY LENDER WITH RESPECT TO ANY AMOUNT OWING UNDER THIS SECTION 3.12(A) SHALL
BE CONCLUSIVE, ABSENT MANIFEST ERROR.
(B)
NOTHING HEREIN SHALL BE DEEMED TO OBLIGATE ANY LENDER TO OBTAIN FUNDS FOR
ANY LOAN IN ANY PARTICULAR PLACE OR MANNER OR TO CONSTITUTE A REPRESENTATION BY
ANY LENDER THAT IT HAS OBTAINED OR WILL OBTAIN FUNDS FOR ANY LOAN IN ANY
PARTICULAR PLACE OR MANNER.
(C)
THE BORROWER HEREBY AUTHORIZES EACH LENDER, IF AND TO THE EXTENT PAYMENT
OWED TO SUCH LENDER IS NOT MADE WHEN DUE UNDER THIS AGREEMENT OR UNDER THE NOTES
HELD BY SUCH LENDER, TO CHARGE FROM TIME TO TIME AGAINST ANY OR ALL OF THE
BORROWER'S ACCOUNTS WITH SUCH LENDER (OTHER THAN, IN THE EVENT THAT THE ACCOUNTS