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Ninth Amendment To Credit Agreement (term Loan)

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EXHIBIT 10.2 NINTH AMENDMENT
TO CREDIT AGREEMENT
(Term Loan) This Ninth Amendment to Credit Agreement (Term Loan) (" Amendment Agreement" ) is made May 18, 2006, to be effective as of the Effective Date, by and among CHS Inc. (formerly known as Cenex Harvest States Cooperatives) , a Minnesota cooperative corporation (" Borrower" ), CoBank, ACB (" CoBank" ) as the Administrative Agent for the benefit of the present and future Syndication Parties (in that capacity " Administrative Agent" ), and the Syndication Parties signatory hereto, including CoBank in such capacity (each a " Syndication Party" and collectively, the " Syndication Parties" ). RECITALS A. Borrower, CoBank, St. Paul Bank for Cooperatives (" St. Paul Bank" ), and the Syndication Parties signatory thereto entered into a Credit Agreement (Term Loan) (as amended, the " Credit Agreement" ) dated as of June 1, 1998. B. The Credit Agreement was amended by the First Amendment to Credit Agreement (Term Loan) effective as of May 31, 1999 (" First Amendment" ), by the Second Amendment to Credit Agreement (Term Loan) effective as of May 23, 2000 (" Second Amendment" ), by the Third Amendment to Credit Agreement (Term Loan) dated as of May 23, 2001 (" Third Amendment" ), by the Fourth Amendment to Credit Agreement (Term Loan) dated as of May 22, 2002 (" Fourth Amendment" ), by the Fifth Amendment to Credit Agreement (Term Loan) dated as of May 21, 2003 (" Fifth Amendment" ), by the Seventh Amendment to Credit Agreement (Term Loan) dated as of May 20, 2004 (" Sixth Amendment" ), by the Seventh Amendment to Credit Agreement (Term Loan) dated as of May 19, 2005 (" Seventh Amendment" ), and by the Eighth Amendment to Credit Agreement (Term Loan) dated as of November 18, 2005 (" Eighth Amendment" ). C. CoBank is the successor by merger to the interests and obligations of St. Paul Bank under the Credit Agreement. D. The parties hereto desire to amend 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. Amendments to Credit Agreement . The parties hereto agree that the Credit Agreement shall be amended as follows as of the Effective Date: 2.1 The following Sections in Article 1 are amended in their entirety to read as follows: 1.94 Revolving Loan Credit Agreement : means that certain 2006 Amended and Restated Credit Agreement (Revolving Loan) dated as of May 18, 2006 by and between Borrower , CoBank, as administrative agent for all syndication parties thereunder, and as a syndication party thereunder, and the other syndication parties set forth on the signature pages thereto, as it shall be amended from time to time. 2.2 Sections 10.1, 10.6 and clause (k) of Section 10.8 (but no other portion of Section 10.8) are amended in their entirety to read as follows: 10.1 Borrowing . Borrower shall not (nor shall it permit any of its Restricted Subsidiaries to) create, incur, assume or permit to exist, directly or indirectly, any Debt, except for: (a) Debt of Borrower arising under this Credit Agreement and the other Loan Documents; (b) trade payables arisin
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