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First Amendment To $150 Million Term Loan Credit Agreement

This is an actual contract by CHS.

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Sectors: Food, Beverages and Tobacco
Governing Law: Colorado , View Colorado State Laws
Effective Date: May 01, 2008
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Exhibit 10.3 FIRST AMENDMENT TO CREDIT AGREEMENT Parties: " CoBank" : CoBank, ACB 5500 South Quebec Street Greenwood Village, Colorado 80111 " Borrower" : CHS Inc. 5500 Cenex Drive Inver Grove Heights, Minnesota 55077 " Syndication Parties" : The entities name below on the signature pages Execution Date: May 1, 2008 Recitals: A. CoBank, in its capacity as Administrative Agent (" Administrative Agent" ) and as a Syndication Party, the Syndication Parties signatory thereto (collectively with any Persons who have become or who become Syndication Parties, " Syndication Parties" ), and Borrower have entered into that certain Credit Agreement (10 Year Term Loan) dated as of December 12, 2007 (as amended, and as further amended, modified, or supplemented from time to time, the " Credit Agreement" ), pursuant to which the Syndication Parties have extended certain credit facilities to Borrower under the terms and conditions set forth in the Credit Agreement. B. Borrower has requested that the Agent and the Syndication Parties amend certain terms of the Credit Agreement, which the Agent and the Syndication Parties are willing to do under the terms and conditions as set forth in this First Amendment to Credit Agreement (" First Amendment" ). Agreement : Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows:


1. Amendments to Credit Agreement . The Credit Agreement is amended as of the Effective Date as follows: 1.1 Section 7.18 is amended in its entirety to read as follows: 7.18 Trademarks, Trade Names, etc. Borrower owns or licenses all patents, trademarks, trade names, service marks and copyrights (collectively, " Intellectual Property" ) that it utilizes in its business as presently being conducted and as anticipated to be conducted, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect on Borrower. The Intellectual Property is in full force and effect, and Borrower has taken or caused to be taken all action, necessary to maintain the Intellectual Property in full force and effect and has not taken or failed to take or cause to be taken any action which, with the gi
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