Revolving Loan/Credit Agreements | 3 Months Ended |
Dec. 31, 2013 |
Debt Disclosure [Abstract] | ' |
Revolving Loan/Credit Agreements | ' |
Revolving Loan/Credit Agreements |
AgStar |
The Company originally entered into a Credit Agreement, as amended (the “Credit Agreement”) with AgStar Financial Services, PCA (“AgStar”) and a group of lenders (together with AgStar, the “Lenders”) for $126,000,000 senior secured debt, consisting of a $101,000,000 term loan, a term revolver of up to $10,000,000 and a revolving working capital term facility of up to $15,000,000. On October 31, 2013, the Company entered into another amendment to the Credit Agreement (the “October Amendment”) to extend the maturity date of the working capital facility to August 1, 2014, the same date as the term loan and term revolving loans mature, and waived any default that had or could have occurred under certain financial covenants under the Credit Agreement as of September 30, 2013. The October Amendment includes$11,428,600 available under such revolving facility. |
The Credit Agreement requires compliance with certain financial and non-financial covenants. Borrowings under the Credit Agreement are collateralized by substantially all of the Company’s assets. The term credit facility requires monthly principal payments. The loan is amortized over 114 months and matures on August 1, 2014. Any borrowings are subject to borrowing base restrictions as well as certain prepayment penalties. The $10,000,000 term revolver is interest only until maturity on August 1, 2014. |
Under the terms of the Credit Agreement, as amended in the October Amendment, the Company could draw a maximum $11,428,600 on the revolving working capital term facility. As part of the revolving line of credit, the Company may request letters of credit to be issued up to a maximum of $5,000,000 in the aggregate (the "Revolving LOC"). There were no outstanding letters of credit as of December 31, 2013 .There was no outstanding balance on this loan as of December 31, 2013 and September 30, 2013. |
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As of December 31, 2013 and September 30, 2013, the outstanding balance under the Credit Agreement was $61,217,390 and $68,837,174, respectively. In addition to all the other payments due under the Credit Agreement, the Company must pay an annual amount equal to 65% of the Company’s Excess Cash Flow (as defined in the Credit Agreement), up to a total of $6,000,000 per year, and $24,000,000 over the term of the Credit Agreement. |
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The Credit Agreement matures on August 1, 2014, at which time any principal amounts outstanding are due and, in accordance with GAAP, all outstanding amounts under the Credit Agreement are classified as current maturity in the financial statements. The Company is currently in negotiations with various lenders, including its current Lenders, to refinance all of its existing indebtedness or obtain new credit facilities. The Company currently anticipates closing on any refinancing or new facilities prior to the maturation of the Credit Agreement. |
Bunge |
On August 26, 2009, Bunge N.A. Holdings, Inc. (“Holdings”), an affiliate of Bunge, entered into subordinated convertible term note to the Company in the amount of $27,106,079, which was assigned by Holdings to Bunge effective September 28, 2012 (the “Bunge Note”). The Bunge Note is due on August 31, 2014 and repayment is subordinated to the Credit Agreement. The Bunge Note is convertible into Series U Units at the price of $3,000 per Unit. As of December 31, 2013 and September 30, 2013, there was $36,765,265 and $36,765,265, respectively outstanding under the Bunge Note and $1,233,925 and $491,957 of accrued interest (included in accrued expenses, related parties) due to Bunge, respectively. Interest on the note accrues monthly and is added to the note principal on February 1st and August 1st each year. |
The Company entered into a revolving note with Holdings dated August 26, 2009, providing for a maximum of $10,000,000 in revolving credit (the “Bunge Revolving Note”) which was assigned to Bunge effective September 28, 2012. Bunge has a commitment, subject to certain conditions, to advance up to $3,750,000 at the Company’s request under the Bunge Revolving Note; amounts in excess of $3,750,000 may be advanced by Bunge in its discretion. Interest accrues at the rate of 7.5% over six-month LIBOR. While repayment of the Bunge Revolving Note is subordinated to the Credit Agreement, the Company may make payments on the Bunge Revolving Note so long as it is in compliance with its borrowing base covenant and there is not a payment default under the Credit Agreement. The balance under the Bunge Revolving Note, as of December 31, 2013 and September 30, 2013, was $0 and $5,000,000, respectively. |
The Bunge Note and Bunge Revolving Note mature on August 31, 2014, at which time any principal amounts outstanding are due and, in accordance with GAAP, all outstanding amounts under the Bunge Note and Bunge Revolving Note are classified as current maturity in the financial statements. The Company is currently in discussions with various lenders, including Bunge, to refinance all of its existing indebtedness or obtain new credit facilities. The Company anticipates closing on any refinancing or new facilities prior to the maturation of the Bunge Note and Bunge Revolving Note. |
ICM |
On June 17, 2010, ICM, Inc. (“ICM”) entered into a subordinated convertible term note to the Company (the “ICM Term Note”) in the amount of $9,970,000, which is convertible at the option of ICM into Series C Units at a conversion price of $3,000 per unit. As of December 31, 2013 and September 30, 2013, there was $12,671,481 outstanding under the ICM Term Note, and $425,283 and $169,557 of accrued interest due (included in accrued expense, related party) to ICM, respectively. Interest on the note accrues monthly and is added to the note principal on February 1st and August 1st each year. |
The ICM Term Note matures on August 31, 2014, at which time any principal amounts outstanding are due and, in accordance with GAAP, all outstanding amounts under the ICM Term Note are classified as current maturity in the financial statements. The Company is currently in discussions with various lenders, including ICM, to refinance all of its existing indebtedness or obtain new credit facilities. The Company anticipates closing on any refinancing or new facilities prior to the maturation of the ICM Term Note. |
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Notes payable consists of the following: |
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| December 31, 2013 | | | September 30, 2013 | |
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$300,000 Note payable to IDED, a non-interest bearing obligation with monthly payments of $2,500 due through the maturity date of March 26, 2016 on the non-forgivable portion. | $ | 212,500 | | | $ | 220,000 | |
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Convertible Notes payable to unit holders, bearing interest at LIBOR plus 7.50 to 10.5% (7.897% at December 31, 2013); maturity on August 31, 2014. | 551,941 | | | 551,941 | |
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Note payable to affiliate Bunge bearing interest at LIBOR plus 7.50 to 10.5% (7.897% at December 31, 2013); maturity on August 31, 2014. | 36,765,265 | | | 36,765,265 | |
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Note payable to affiliate ICM, bearing interest at LIBOR plus 7.50 to 10.5% (7.897% at December 31, 2013); maturity on August 31, 2014. | 12,671,481 | | | 12,671,481 | |
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Term facility payable to AgStar bearing interest at LIBOR plus 4.45% with a 6.00% floor (6.00% at December 31, 2013); maturity on August 1, 2014. | 26,808,396 | | | 28,231,518 | |
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Term facility payable to AgStar bearing interest at a fixed 6%; maturity on August 1, 2014. | 29,408,994 | | | 30,605,657 | |
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Term revolver payable to AgStar bearing interest at LIBOR plus 4.45% with a 6.00% floor (6.00% at December 31, 2013); maturity on August 1, 2014. | 5,000,000 | | | 10,000,000 | |
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Capital leases payable to AgStar bearing interest at 3.088% matures May 15, 2014. | 45,195 | | | 53,064 | |
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Revolving line of credit payable to Bunge, bearing interest at LIBOR plus 7.50 to 10.5% with a floor of 3.00% (7.683% at December 31, 2013). | — | | | 5,000,000 | |
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$11.429 million revolving line of credit payable to AgStar bearing interest at LIBOR plus 4.45% with a 6.00% floor (6.00% at December 31, 2013); maturity on August 1, 2014. | — | | | — | |
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| 111,463,772 | | | 124,098,926 | |
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Less Current Maturities | 111,259,786 | | | 123,887,338 | |
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Total Long Term Debt | $ | 203,986 | | | $ | 211,588 | |
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The approximate aggregate maturities of notes payable as of December 31, are as follows: |
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2014 | $ | 111,259,786 | | | | | |
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2015 | 51,486 | | | | | |
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2016 | 152,500 | | | | | |
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Total | $ | 111,463,772 | | | | | |
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