Item 1.01. Entry into a Material Definitive Agreement.
Effective
The Restated Credit Agreement amends and restates the Original Credit Agreement to incorporate all of the prior amendments to the Original Credit Agreement into the Restated Credit Agreement. The credit facility continues to be secured by substantially all of the Company's assets.
The Restated Credit Agreement also made the following key modifications:
• The Second Amended and Restated Term Note dated
"Existing Term Note") was replaced in its entirety by the Third Amended and Restated Term Note datedJuly 18, 2022 (the "Restated Term Note"). The Restated Term Note was amended to provide for a maximum principal amount of$18,750,000 and for all borrowings thereunder to bear interest at a rate selected by the Company equal to either (a) the Daily Simple SOFR Rate plus a spread equal to 3.25% per annum, or (b) a Quoted Rate Option (the a fixed rate per annum quoted to the Company by Agent to be applicable for a period determined by CoBank), the Quoted Rate with such Quoted Rate to remain fixed for such period as is confirmed to the Company by CoBank. The Daily Simple SOFR Rate itself is calculated, in part, based upon the greater of (a) a floor of 0.00% and (b) the Secured Overnight Financing Rate, as established by theFederal Reserve Bank of New York (or a successor establisher of such rate) from time to time ("SOFR"). All other terms of the Existing Term Note remain in full force and effect including the maturity date ofNovember 15, 2024 .
• The First Amended and Restated Revolving Term Note dated
"Existing Revolving Term Note") was replaced in its entirety by the Second Amended and Restated Revolving Term Note datedJuly 18, 2022 (the "Restated Revolving Term Note"). The Restated Revolving Term Note continues to provide for a maximum principal amount of$18,750,000 but was amended to provide for all borrowings thereunder to bear interest at a rate selected by the Company equal to either (a) the Daily Simple SOFR Rate plus a spread equal to 3.25% per annum, or (b) a Quoted Rate Option (the a fixed rate per annum quoted to the Company by Agent to be applicable for a period determined by CoBank), the Quoted Rate with such Quoted Rate to remain fixed for such period as is confirmed to the Company by CoBank. The Daily Simple SOFR Rate itself is calculated as set forth in the paragraph above. The full amount of the Restated Revolving Term Note continues to remain available on a revolving basis from time to time through maturity which maturity date remainsNovember 15, 2024 . All other terms of the Existing Revolving Term Note remain in full force and effect.
• The Third Amended and Restated Revolving Credit Note dated
(the "Existing Revolving Credit Note") was replaced in its entirety by the Fourth Amended and Restated Revolving Term Note datedJuly 18, 2022 (the "Restated Revolving Credit Note"). The Restated Revolving Credit Note continues to provide for a maximum principal amount of$10,000,000 and that all borrowings thereunder bear interest at a rate equal to the Daily Simple SOFR Rate plus a spread; however, the spread was decreased from 3.45% per annum to 3.10% per annum. All other terms of the Existing Revolving Credit Note remain in full force and effect including the maturity date ofFebruary 1, 2023 .
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The foregoing description of the Restated Credit Agreement, the Restated Term Note, the Restated Revolving Term Note and the Restated Revolving Credit Note do not purport to be complete and are qualified in their entirety by reference to the full text of these documents, which are filed as Exhibits 10.1, 10.2, 10.3 and 10.4 to this Current Report on Form 8-K and incorporated herein by reference.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant.
The information set forth in Item 1.01 of this Current Report on Form 8-K is incorporated by reference into this Item 2.03, as if fully set forth herein.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits Exhibit Description Number 10.1 First Amended and Restated Credit Agreement datedJuly 18, 2022 by and amongSouthwest Iowa Renewable Energy, LLC ,Farm Credit Services of America , FLCA,Farm Credit Services of America , PCA and CoBank, ACB 10.2 Third Amended and Restated Term Note datedJuly 18, 2022 10.3 Second Amended and Restated Revolving Term Note datedJuly 18, 2022 10.4 Fourth Amended and Restated Revolving Credit Note datedJuly 18, 2022
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