EXHIBIT 10.1
THIRD AMENDMENT
TO
CREDIT AGREEMENT
(REVOLVING LOAN)
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (Revolving Loan) ("AMENDMENT
AGREEMENT") is made May 23, 2001 to be effective as of the Effective Date, by
and among Cenex Harvest States Cooperatives, a Minnesota cooperative corporation
("BORROWER"), CoBank, ACB ("COBANK") as the Bid Agent and as the Administrative
Agent for the benefit of the present and future Syndication Parties (in that
capacity "ADMINISTRATIVE AGENT"), Cooperatieve Centrale
Raiffeisen-Boerenleenbank B.A., "Rabobank International", New York Branch
("RABOBANK"), as Co-Lead Arranger, SunTrust Bank ("SUNTRUST") as Co-Lead
Arranger, BNP Paribas as Documentation Agent, and the Syndication Parties
signatory hereto, including CoBank, Rabobank, SunTrust, and BNP Paribas, in such
capacity, (each a "SYNDICATION PARTY" and collectively, the "SYNDICATION
PARTIES").
RECITALS
A. Borrower, CoBank, St. Paul Bank for Cooperatives, and certain of the
present Syndication Parties entered into a Credit Agreement (Revolving Loan) (as
amended "CREDIT AGREEMENT") dated as of June 1, 1998. The Credit Agreement
provided for a 364-Day Facility and a 5-Year Facility.
B. The Credit Agreement was amended by the First Amendment to Credit
Agreement (Revolving Loan) effective as of May 28, 1999 ("FIRST AMENDMENT") and
by the Second Amendment to Credit Agreement (Revolving Loan) dated as of May 23,
2000 ("SECOND AMENDMENT").
C. CoBank, as Administrative Agent, gave written notification ("RENEWAL
NOTICE") to those Syndication Parties which had an Individual 364-Day Commitment
seeking (i) a renewal of their respective Individual 364-Day Commitments and
(ii) consent to an extension of the 364-Day Maturity Date pursuant to the
provisions of Section 16.9 of the Credit Agreement.
D. Certain of the Syndication Parties have provided the Administrative
Agent with written notice of their agreement to continue to maintain Individual
364-Day Commitments, and one or more institutions, which were not Syndication
Parties prior to the date hereof, have agreed to become Syndication Parties as
indicated on Schedule A hereto and by their execution of this Amendment
Agreement and by their execution of a Syndication Adoption Agreement.
E. The parties hereto desire to amend the Credit Agreement to renew the
364-Day Facility and to make certain other changes to the Credit Agreement as
hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby acknowledged, including the mutual promises and agreements
contained herein, the parties hereto hereby agree as follows:
1. DEFINITIONS. Capitalized terms used herein without definition shall have the
definition given to them in the Credit Agreement if defined therein.
2. RENEWAL OF INDIVIDUAL 364-DAY COMMITMENTS. The Syndication Parties hereby
agree to renew or agree to acquire their respective Individual 364-Day
Commitments in the amounts set forth beneath their names and signatures on the
signature pages hereto and as set forth in Schedule 1 hereto.
3. AMENDMENTS TO CREDIT AGREEMENT. The parties hereto agree that the Credit
Agreement shall be amended as follows as of the Effective Date:
3.1 Subsection 1.11 shall be amended in its entirety to read as
follows:
1.11 AGGREGATE 364-DAY COMMITMENT: $550,000,000.00, subject to
reduction as provided in Section 2.8 hereof.
3.2 Subsection 1.156 shall be amended in its entirety to read as
follows:
1.156 364-DAY MATURITY DATE: May 22, 2002.
3.3 Subsection 5.2.3 is amended in its entirety to read as
follows:
5.2.3 FEES. Borrower shall pay at the time of issuance or
reissuance of each Committed Letter of Credit (a) to the
Administrative Agent the Committed Letter of Credit Fee, which
the Administrative Agent shall distribute to the Syndication
Parties (i) in accordance with their Individual 5-Year Pro
Rata Share if the Committed Letter of Credit is issued under
the 5-Year Facility, or (ii) in accordance with their
Individual 364-Day Pro Rata Share if the Committed Letter of
Credit is issued under the 364-Day Facility, in each case as
in effect on the date of such issuance or reissuance, and (b)
to the Letter of Credit Bank the Issuance Fee for each such
Committed Letter of Credit.
3.4 Section 13.4 is amended in its entirety to read as follows:
13.4 SALE OF ASSETS. Borrower shall not (nor shall it permit
any of its Restricted Subsidiaries to) sell, convey, assign,
lease or otherwise transfer or dispose of, voluntarily, by
operation of law or otherwise, any material part of its now
owned or hereafter acquired assets during any twelve (12)
month period commencing
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June 1, 1998 and each June 1 thereafter through June 30, 2000,
and, thereafter, during any twelve (12) month period
commencing September 1, 2000 and each September 1 thereafter,
except: (a) the sale of inventory, equipment and fixtures
disposed of in the ordinary course of business, (b) the sale
or other disposition of assets no longer necessary or useful
for the conduct of its business, and (c) leases of assets to
an entity in which Borrower has at least a fifty-percent (50%)
interest in ownership, profits, and governance. For purposes
of this Section, "material part" shall mean ten percent (10%)
or more of the lesser of the book value or the market value of
the assets of Borrower or such Restricted Subsidiary as shown
on the balance sheets thereof as of the May 31 or August 31,
as applicable, immediately preceding each such twelve (12)
month measurement period.
3.5 Section 13.6 is amended in its entirety to read as follows:
13.6 LOANS. Borrower shall not (nor shall it permit any of its
Restricted Subsidiaries to) lend or advance money, credit, or
property to any Person, except for (a) loans to Restricted
Subsidiaries, (b) trade credit extended in the ordinary course
of business, (c) loans made by Borrower to its members on open
account maintained by such members with Borrower or made by
Borrower to its members pursuant to its Affiliate Financing
CoBank Participation Program; provided that the aggregate
principal amount of all such loans outstanding at any time
shall not exceed $150,000,000.00, and (d) loans made by
Fin-Ag, Inc. to agricultural producers, provided that (i) the
aggregate outstanding principal amount of all such loans at
any time shall not exceed $125,000,000.00, (ii) at all times
prior to December 1, 2001, the aggregate outstanding principal
amount of all such loans retained by Fin-Ag, Inc. shall not
exceed $38,000,000.00, and (iii) at all times on and after
December 1, 2001, the aggregate outstanding principal amount
of all such loans retained by Fin-Ag, Inc. shall not exceed
$25,000,000.00.
3.6 Clauses (f), (h), and (j) of Section 13.8 (and only those
clauses), are amended in their entirety to read as follows:
(f) Investments made prior to the Closing Date in Persons,
which are not Restricted Subsidiaries, identified on Exhibit
13.8(f) hereto;
(h) Investments (by Borrower) subsequent to May 31, 1998 and
prior to May 23, 2001 in the Persons identified, including the
book value of each such Investment, on Exhibit 13.8(h) hereto;
(j) Investments, in addition to those permitted by clauses (a)
through (i) above, in an aggregate amount not exceeding $91,011,352.00.
3.7 Section 16.31 is amended in its entirety to read as follows
16.31 WITHHOLDING TAXES. Each Syndication Party represents
that under the applicable law in effect as of the date it becomes a
Syndication Party, it is
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entitled to receive any payments to be made to it hereunder without the
withholding of any tax and will furnish to the Administrative Agent and
to Borrower such forms, certifications, statements and other documents
as the Administrative Agent or Borrower may request from time to time
to evidence such Syndication Party's exemption from the withholding of
any tax imposed by any jurisdiction or to enable the Administrative
Agent or Borrower, as the case may be, to comply with any applicable
laws or regulations relating thereto. Without limiting the effect of
the foregoing, if any Syndication Party is not created or organized
under the laws of the United States of America or any state thereof,
such Syndication Party will furnish to the Administrative Agent and
Borrower IRS Form 4224 or Form 1001, or such other forms,
certifications, statements or documents, duly executed and completed by
such Syndication Party, as evidence of such Syndication Party's
exemption from the withholding of United States tax with respect
thereto. Notwithstanding anything herein to the contrary, Borrower
shall not be obligated to make any payments hereunder to such
Syndication Party until such Syndication Party shall have furnished to
the Administrative Agent and Borrower the requested form,
certification, statement or document.
3.8 Subsections 17.4.2 and 17.4.3 are amended in their entirety to
read as follows
17.4.2 ADMINISTRATIVE AGENT:
CoBank, ACB
5500 South Quebec Street
Greenwood Village, Colorado 80111
FAX: (303) 694-5830
Attention: Administrative Agent
17.4.3 BID AGENT:
CoBank, ACB
5500 South Quebec Street
Greenwood Village, Colorado 80111
FAX: (303) 740-4021
Attention: Bid Agent
3.9 Section 17.13 is amended in its entirety to read as follows:
17.13 CAPITAL REQUIREMENTS. In the event that the introduction
of or any change in: (a) any law or regulation; or (b) the judicial,
administrative, or other governmental interpretation of any law or
regulation; or (c) compliance by any Syndication Party or any
corporation controlling any such Syndication Party with any guideline
or request from any governmental authority (whether or not having the
force of law) has the effect of requiring an increase in the amount of
capital required or expected
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to be maintained by such Syndication Party or any corporation
controlling such Syndication Party, and such Syndication Party
certifies that such increase is based in any part upon such Syndication
Party's obligations hereunder with respect to the 364-Day Facility
and/or the 5-Year Facility, and other similar obligations, Borrower
shall pay to such Syndication Party such additional amount as shall be
certified by such Syndication Party to the Administrative Agent and to
Borrower to be the net present value (discounted at the Base Rate) of
(a) the amount by which such increase in capital reduces the rate of
return on capital which such Syndication Party could have achieved over
the period remaining until the 364-Day Maturity Date or the 5-Year
Maturity Date, as applicable (depending upon which Facility or
Facilities such claim to increase costs is based), but for such
introduction or change, (b) multiplied by (i) such Syndication Party's
Individual 364-Day Commitment or (ii) such Syndication Party's
Individual 5-Year Commitment, as applicable. The Administrative Agent
will notify Borrower of any event occurring after the date of this
Credit Agreement that will entitle any such Syndication Party to
compensation pursuant to this Section as promptly as practicable after
it obtains knowledge thereof and of such Syndication Party's
determination to request such compensation. The Administrative Agent
shall include with such notice, a certificate from such Syndication
Party setting forth in reasonable detail the calculation of the amount
of such compensation. Determinations by any Syndication Party for
purposes of this Section of the effect of any increase in the amount of
capital required to be maintained by any such Syndication Party and of
the amount of compensation owed to any such Syndication Party under
this Section shall be conclusive absent manifest error, provided that
such determinations are made on a reasonable basis.
3.10 Exhibit 1.138 is replaced by Exhibit 1.138 hereto.
3.11 Schedule 1 is replaced in its entirety by the Schedule 1
attached hereto.
4. BORROWER'S REPRESENTATIONS. Borrower hereby represents and warrants
that, after giving effect to this Amendment Agreement and the transactions
contemplated hereby, no Potential Default or Event of Default has occurred and
is continuing under the Credit Agreement or other Loan Documents.
5. EFFECTIVE DATE. This Amendment Agreement shall become effective on May 23,
2001 ("EFFECTIVE DATE"), so long as on or before that date the Administrative
Agent receives (a) an original copy of this Amendment Agreement (or original
counterparts thereof) duly executed by each party hereto, (b) a Syndication
Adoption Agreement (or original counterparts thereof) duly executed by each
party identified on Schedule A hereto, (c) each required new or replacement
Promissory Note, (d) a copy of a resolution of Borrower's board of directors,
certified to by Borrower's corporate secretary, which authorizes execution of
this Amendment Agreement; and (e) payment by wire transfer of (i) the fees
described in Section 6 hereof and (ii) reimbursement for each of the costs,
expenses described in Section 7 hereof. Upon the satisfaction of all conditions
precedent hereto, the Administrative Agent will notify each party hereto in
writing and will provide copies of all appropriate documentation in connection
herewith.
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6. UP-FRONT FEE. Borrower agrees to pay to the Administrative Agent, for
distribution among the Syndication Parties, the Up-Front Fee calculated in the
manner previously disclosed to Borrower by the Administrative Agent, based on
Individual 364-Day Commitments as shown on the signature pages hereto.
7. COSTS; EXPENSES AND TAXES. Borrower agrees to reimburse the Administrative
Agent on demand for all out-of-pocket costs, expenses and charges (including,
without limitation, all fees and charges of external legal counsel for the
Administrative Agent) incurred by the Administrative Agent in connection with
the preparation, reproduction, execution and delivery of this Amendment
Agreement and any other instruments and documents to be delivered hereunder.
8. GENERAL PROVISIONS.
8.1 The Credit Agreement, except as expressly modified herein, shall
continue in full force and effect and be binding upon the parties thereto.
8.2 Borrower agrees to execute such additional documents as the
Administrative Agent may require, including, without limitation, new and/or
replacement Notes, to carry out or evidence the purposes of this Amendment
Agreement.
8.3 The execution, delivery and effectiveness of this Amendment
Agreement shall not operate as a waiver of any right, power or remedy of the
Administrative Agent or any Syndication Party under any of the Loan Documents,
nor constitute a waiver of any provision of any of the Loan Documents, and the
Credit Agreement, as expressly modified hereby, and each of the other Loan
Documents, are hereby ratified and confirmed and shall continue in full force
and effect and be binding upon the parties thereto. Any direct or indirect
reference in the Loan Documents to the "Credit Agreement" shall be deemed to be
a reference to the Credit Agreement as amended by this Amendment Agreement. Any
direct or indirect reference in the Loan Documents to a "Syndication Party" or
to the "Syndication Parties" shall be deemed to be a reference to the
Syndication Parties shown on Schedule 1 to this Amendment Agreement.
9. GOVERNING LAW. This Amendment Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado.
10. COUNTERPARTS. This Amendment Agreement may be executed in any number of
counterparts and by different parties to this Amendment Agreement in separate
counterparts, each of which when so executed shall be deemed to be an original
and all of which taken together shall constitute one and the same agreement.
Telefax copies of documents or signature pages bearing original signatures, and
executed documents or signature pages delivered by telefax, shall, in each such
instance, be deemed to be, and shall constitute and be treated as, an original
signed document or counterpart, as applicable.
[EXECUTION PAGES BEGIN ON THE NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment
to Credit Agreement (Revolving Loan) to be executed by their duly authorized
officers as of the Effective Date.
BORROWER:
CENEX HARVEST STATES COOPERATIVES, a
cooperative corporation formed under
the laws of the State of Minnesota
By: ________________________________
Name: John Schmitz
Title: Chief Financial Officer
ADMINISTRATIVE AGENT, AND BID AGENT:
COBANK, ACB
By: ________________________________
Name: Greg E. Somerhalder
Title: Vice President
CO-LEAD ARRANGER:
COOPERATIEVE CENTRALE RAIFFEISEN-
BOERENLEENBANK B.A., "RABOBANK
INTERNATIONAL", NEW YORK BRANCH
By: ________________________________
Name: ______________________________
Title: _____________________________
By: ________________________________
Name: ______________________________
Title: _____________________________
CO-LEAD ARRANGER:
SUNTRUST BANK
By: ________________________________
Name: ______________________________
Title: _____________________________
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SYNDICATION PARTIES:
COBANK, ACB
By: __________________________________________
Name: Greg E. Somerhalder
Title: Vice President
Contact Name: Greg E. Somerhalder
Title: Vice President
Address: 5500 So. Quebec Street
Greenwood Village, CO 80111
Phone No.: 303/694-5838
Fax No.: 303/694-5830
Individual 364-Day Commitment: $181,200,000.00
Individual 5-Year Commitment: $61,666,667.00
Payment Instructions:
CoBank, ACB
ABA #: 307088754
Acct. Name: CoBank, ACB
Account No.: 22274433
Attn: Marshall Allen
Reference: Cenex Harvest States
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SYNDICATION PARTIES:
INTESABCI S.p.A., f/k/a BANCA INTESA SpA
By: _________________________________________
Name: _______________________________________
Title: ______________________________________
By: _________________________________________
Name: _______________________________________
Title: ______________________________________
Contact Name: Anthony Giobbi
Title: First Vice President
Address: 10 East 53rd Street
New York, NY 10022
Phone No.: 212/527-8737
Fax No.: 212/527-8777
Individual 364-Day Commitment: $20,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
Citibank - New York
ABA# - 021000089
For account of Banc Intesa
Account No.: 36152989
Attn: M. Greene
Ref: Cenex Harvest States Cooperatives
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SYNDICATION PARTIES:
CREDIT AGRICOLE INDOSUEZ
By: __________________________________
Name:
Title:
By: __________________________________
Name:
Title:
Contact Name: Theodore D. Tice
Title: Vice President
Address: 55 E. Monroe Street
Chicago, IL 60603-5702
Phone No.: 312/917-7463
Fax No.: 312/372-3455
Individual 364-Day Commitment: $35,000,000.00
Individual 5-Year Commitment: $16,666,667.00
Payment Instructions:
Citibank - New York, New York
ABA# - 021-000-089
Acct. Name: Credit Agricole Indoseuz
Chgo Branch
Account No.: 36023853
Swift Code: CITIUS33
Ref: Cenex Harvest States
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SYNDICATION PARTIES:
SUNTRUST BANK
By: _________________________________________
Name: _______________________________________
Title: Director
By: _________________________________________
Name: _______________________________________
Title: Director
Contact Name: Kurt Morris
Title: Director
Address: 303 Peachtree Street N.E.
Third Floor
Atlanta, GA 30308
Phone No.: 404/532-0232
Fax No.: 404/658-4807
Individual 364-Day Commitment: $47,200,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
SunTrust Bank
ABA# - 061000104
Acct. Name: Corporate Banking
Operations General Ledger Account
Account No.: 9088000112
Ref: Cenex Harvest States Cooperatives
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SYNDICATION PARTIES:
BNP PARIBAS
By: _____________________________________________
Name: Guillaume de la Ville
Title: Vice President
By: _____________________________________________
Name: Marcie Weiss
Title: Managing Director
Contact Name: Guillaume de la Ville
Title: Vice President
Address: 919 Third Avenue
New York, NY 10022
Phone No.: 212/841-2067
Fax No.: 212/841-2536
Individual 364-Day Commitment: $47,200,000.00
Individual 5-Year Commitment: $13,333,333.00
Payment Instructions:
BNP Paribas - New York
ABA# - 026-007-689
Acct. Name: Loan Servicing Clearing Account
Account No.: 1 03 13 000 103
Reference: Cenex Harvest States
Operations Contact:
Pedro Rivera
Phone: 212/471-6631
Fax: 212/471-6695
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SYNDICATION PARTIES:
COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK
B.A., "RABOBANK INTERNATIONAL", NEW YORK BRANCH
By: ___________________________________________
Name:
Title:
By: ___________________________________________
Name:
Title:
Contact Name: Tom Kelly
Title: Vice President
Address: 300 South Wacker Drive
Suite 3500
Chicago, IL 60606-6610
Phone No.: 312/408-8222
Fax No.: 312/408-8240
Individual 364-Day Commitment: $47,200,000.00
Individual 5-Year Commitment: $13,333,333.00
Payment Instructions:
The Bank of New York
(New York, NY 10167)
ABA# - 021 000 018
Acct. Name: Rabobank Nederland
Account No.: 802 6002 533
Attn: Clemencia Stewart
Ref: Cenex Harvest States
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SYNDICATION PARTIES:
THE BANK OF TOKYO-MITSUBISHI, LTD.,
CHICAGO BRANCH
By: _________________________________________
Name: Patrick McCue
Title: Vice President & Manager
Contact Name: Patrick McCue
Title: Vice President & Manager
Address: 601 Carlson Parkway, Suite 370
Minnetonka, MN 55305
Phone No.: 952/473-5090
Fax No.: 952/473-5152
Loan Administration Contact Name:
Janice Hennig
Address: 227 West Monroe Street
Suite 2300
Chicago, Illinois 60606
Phone No.: 312/696-4710
Fax No.: 312/696-4532
Individual 364-Day Commitment: $20,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
The Federal Reserve Bank of Chicago
ABA# - 071002341
Acct. Name: The Bank of Tokyo-
Mitsubishi, Ltd.
Attention: Loan Administration
Ref: Cenex Harvest States Cooperatives
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SYNDICATION PARTIES:
CREDIT LYONNAIS CHICAGO BRANCH
By: _________________________________________
Name: Julie T. Kanak
Title: Vice President
Contact Name:
Title:
Address: 227 W. Monroe Street
Suite 3800
Chicago, IL 60606
Phone No.: 312/220-7302
Fax No.: 312/641-0527
Individual 364-Day Commitment: $35,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Credit Lyonnais New York
ABA# - 0260-0807-3
A/C #: 01.00688.0001.00
Acct. Name:
Attention:
Ref:
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SYNDICATION PARTIES:
WELLS FARGO BANK, NATIONAL ASSOCIATION,
f/k/a NORWEST BANK MINNESOTA, N.A.
By: _________________________________________
Name: _______________________________________
Title: ______________________________________
By: _________________________________________
Name: _______________________________________
Title: ______________________________________
Contact Name: Allison Gelfman
Title: Vice President
Address: Sixth and Marquette
MAC-N9305-031
Minneapolis, MN 55479-0085
Phone No.: 612/316-1402
Fax No.: 612/667-2276
Individual 364-Day Commitment: $20,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
Wells Fargo Bank National Association
ABA# - 091000019
Acct. Name: Commercial Loan Clearing
Account
Account No.: 840165
Ref: Cenex Harvest States
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SYNDICATION PARTIES:
DG BANK DEUTSCHE GENOSSENSCHAFTSBANK, AG,
CAYMAN ISLAND BRANCH
By: ________________________________________
Name: ______________________________________
Title: ____________________________________
By: ________________________________________
Name: ______________________________________
Title: ____________________________________
Contact Name: Mark Connelly
Title: Vice President
Address: 609 Fifth Avenue
New York, NY 10017
Phone No.: 212/745-1560
Fax No.: 212/745-1556
Individual 364-Day Commitment: $0.00
Individual 5-Year Commitment: $13,333,333.00
Payment Instructions:
(1) CHIPS Payments:
Bank of New York
for Account of DG Bank, NY
Account No. 8900433876
Ref: Cenex Harvest States
(2) Federal Reserve Payments:
Bank of New York
ABA #021000018
Account Name: DG Bank, NY
Account No. 8900433876
Ref: Cenex Harvest States
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SYNDICATION PARTIES:
U.S. BANK NATIONAL ASSOCIATION
By: ___________________________________________
Name: _________________________________________
Title: ________________________________________
Contact Name: Kathi L. Hatch
Title: Commercial Banking Associate
Address: %U.S. Bancorp Ag Credit, Inc.
950 17th Street, #330
Denver, CO 80202
Phone No.: 303/585-4926
Fax No.: 303/585-4732
Individual 364-Day Commitment: $20,000,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
U.S. Bank National Association
St. Paul, MN
ABA# - 091000022
Acct. Name: U.S. Bancorp Ag Credit, Inc.
Account No.: 160234431437
Attn:
Ref: Cenex Harvest States Cooperatives
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SYNDICATION PARTIES:
AGFIRST, FCB
By: ________________________________________________
Name: Bruce B. Fortner
Title: Vice President
Contact Name: Bruce B. Fortner
Title: Vice President
Address: 1401 Hampton Street, P.O. Box 1499
Columbia, SC 29201
Phone No.: 803/799-5000 x457
Fax No.: 803/254-4219
Individual 364-Day Commitment: $47,200,000.00
Individual 5-Year Commitment: $8,333,333.00
Payment Instructions:
AgFirst Farm Credit Bank
ABA# - 053905974
Acct. Name: AgFirst FCB
Account No.: N/A
Attn: N/A
Ref: Cenex Harvest States Coop
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SYNDICATION PARTIES:
NATEXIS BANQUES POPULAIRES, NEW YORK BRANCH,
f/k/a NATEXIS BANQUE
By: _________________________________________
Name: Cliff A. Niebling
Title: Vice President, Commodities Group
Contact Name: Cliff A. Niebling
Title: Vice President, Commodities Group
Address: 1251 Avenue of the Americas
New York, NY 10020
Phone No.: 212/872-5133
Fax No.: 212/872-5162
Individual 364-Day Commitment: $30,000,000.00
Individual 5-Year Commitment: $0.00
Payment Instructions:
Chase Manhattan Bank, NY, NY
ABA# - 021-000-021
Acct. Name: Natexis Banques Populaires,
New York Branch
Account No.: 544-7-75330
Attn: Lordes Nieves
Ref: Cenex Harvest States Cooperatives
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SYNDICATION PARTIES:
BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION
By: ________________________________________
Name: Edward L. Cooper, III
Title: Vice President
Contact Name: Edward L. Cooper, III
Title: Vice President
Address: 231 South La Salle Street
Chicago, IL 60697
Phone No.: 312/828-1273
Fax No.: 312/828-1974
Individual 364-Day Commitment: $0.00
Individual 5-Year Commitment: $31,666,667.00
Payment Instructions:
Bank of America National Trust and
Savings Association
ABA - 071000039
Acct. Name: Attention: Cash Book 418
Loan Department
Attention: Laura A. Ikens
Ref: Cenex Harvest States Cooperatives
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