AGREEMENT SHALL BE TRUE AND CORRECT IN ALL MATERIAL RESPECTS ON AND AS OF SUCH
DATE AS IF MADE ON AND AS OF SUCH DATE;
(B)
NO DEFAULT.
NO EVENT OF DEFAULT OR DEFAULT
SHALL HAVE OCCURRED AND BE CONTINUING ON SUCH DATE, OR WOULD EXIST AFTER GIVING
EFFECT TO THE ADVANCES REQUESTED TO BE MADE, ON SUCH DATE; PROVIDED, HOWEVER
THAT AGENT, IN ITS SOLE DISCRETION, MAY CONTINUE TO MAKE
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ADVANCES NOTWITHSTANDING THE EXISTENCE OF AN EVENT OF DEFAULT OR DEFAULT AND
THAT ANY ADVANCES SO MADE SHALL NOT BE DEEMED A WAIVER OF ANY SUCH EVENT OF
DEFAULT OR DEFAULT; AND
(C)
MAXIMUM ADVANCES.
IN THE CASE OF ANY TYPE
OF ADVANCE REQUESTED TO BE MADE, AFTER GIVING EFFECT THERETO, THE AGGREGATE
AMOUNT OF SUCH TYPE OF ADVANCE SHALL NOT EXCEED THE MAXIMUM AMOUNT OF SUCH TYPE
OF ADVANCE PERMITTED UNDER THIS AGREEMENT.
Each request for an Advance by any Borrower hereunder shall constitute a
representation and warranty by each Borrower as of the date of such Advance that
the conditions contained in this subsection shall have been satisfied.
IX.
INFORMATION AS TO BORROWERS.
Each Borrower shall, or (except with respect to Section 9.11) shall cause
Borrowing Agent on its behalf to, until satisfaction in full of the Obligations
and the termination of this Agreement:
9.1.
DISCLOSURE OF MATERIAL MATTERS.
IMMEDIATELY
UPON LEARNING THEREOF, REPORT TO AGENT ALL MATTERS MATERIALLY AFFECTING THE
VALUE, ENFORCEABILITY OR COLLECTIBILITY OF ANY PORTION OF THE COLLATERAL,
INCLUDING ANY BORROWER'S RECLAMATION OR REPOSSESSION OF, OR THE RETURN TO ANY
BORROWER OF, A MATERIAL AMOUNT OF GOODS OR CLAIMS OR DISPUTES ASSERTED BY ANY
CUSTOMER OR OTHER OBLIGOR.
9.2.
SCHEDULES.
DELIVER TO AGENT ON OR BEFORE:
(A) THE TWENTIETH (20TH) DAY OF EACH MONTH AS AND FOR THE PRIOR MONTH
(I) ACCOUNTS RECEIVABLE AGEINGS INCLUSIVE OF RECONCILIATIONS TO THE GENERAL
LEDGER, (II) ACCOUNTS PAYABLE SCHEDULES INCLUSIVE OF RECONCILIATIONS TO THE
GENERAL LEDGER, (III) INVENTORY REPORTS (SUCH REPORT TO INCLUDE A LOWER OF COST
OR MARKET COMPARISON WHERE APPLICABLE) AND (IV) AN INVENTORY MASTER WORKPAPER IN
FORM AGREED TO BY AGENT, WHICH SHALL INCLUDE INVENTORY FILES FOR NEBRASKA ENERGY
IN FORMAT SIMILAR TO THE INVENTORY MASTER WORKPAPER FOR AVENTINE RENEWABLE
INC.'S FACILITY LOCATED IN PEKIN, ILLINOIS; AND (B) WEDNESDAY OF EACH WEEK, A
BORROWING BASE CERTIFICATE IN FORM AND SUBSTANCE SATISFACTORY TO AGENT (WHICH
SHALL BE CALCULATED AS OF THE LAST DAY OF THE PRIOR WEEK AND WHICH SHALL NOT BE
BINDING UPON AGENT OR RESTRICTIVE OF AGENT'S RIGHTS UNDER THIS AGREEMENT) AND
CASH BALANCE STATEMENT SETTING FORTH BORROWERS' UNRESTRICTED CASH BALANCES. IN
ADDITION, EACH BORROWER WILL DELIVER TO AGENT AT SUCH INTERVALS AS AGENT MAY
REQUIRE: (I) CONFIRMATORY ASSIGNMENT SCHEDULES; (II) COPIES OF CUSTOMER'S
INVOICES; (III) EVIDENCE OF SHIPMENT OR DELIVERY; AND (IV) SUCH FURTHER
SCHEDULES, DOCUMENTS AND/OR INFORMATION REGARDING THE COLLATERAL AS AGENT MAY
REQUIRE INCLUDING TRIAL BALANCES AND TEST VERIFICATIONS.
AGENT SHALL HAVE THE
RIGHT TO CONFIRM AND VERIFY ALL RECEIVABLES BY ANY MANNER AND THROUGH ANY MEDIUM
IT CONSIDERS