Item 8.01. Other Events.
On June 25, 2009, GreenHunter Energy, Inc.'s wholly owned subsidiary,
GreenHunter BioFuels, Inc., a refiner and producer of EN and ASTM quality
biodiesel, entered into and executed a definitive Amendment to its existing
Credit Agreement with WestLB AG (the "Lender") for the Company's term loan and
working capital line of credit with the Lender in the principal amounts of
$33.5 million and $10 million, respectively. The loan facilities are secured
predominantly by the Company's existing biodiesel refinery assets located in
Houston, Texas.
Pursuant to the terms and conditions of the Amendment to the Credit Agreement,
the Lender has agreed to waive any claims of Event(s) of Default until
November 15, 2009. Additionally, due to the anticipated settlement of certain
business interruption and property damage insurance claims with various
underwriters related to damages sustained at GreenHunter BioFuels from Hurricane
Ike in September, 2008, the Lender will receive a significant paydown on its
loans, and additionally will postpone the repayment of the balance of its term
loan until November 15, 2009. All remaining funds due from insurance proceeds
will be used at GreenHunter BioFuels to fund existing working capital
requirements.
Additionally, GreenHunter BioFuels has retained an investment banking firm that
will be seeking a potential buyer of the assets, possible domestic and/or
international strategic partners, alternative financing possibilities of the
existing assets, potential new equity capital, and working capital in a
sufficient amount to possibly return the Houston biodiesel refinery to
operational status.
Item 9.01. Financial Statements and Exhibits
(a) Financial Statements of Business Acquired.
Not applicable.
(b) Pro Forma Financial Information.
Not applicable.
(c) Shell Company Transactions.
Not applicable.
(d) Exhibits.
Exhibit No. Exhibit Title
Item 10.1 Amendment No 1 to the Second Amended and Restated Credit Agreement dated
as of March 7, 2008 among GreenHunter BioFuels Inc., WestLB AG New York
Branch as the administrative agent, WestLB New York Branch as the LC
Issuing Bank and the Lenders Party to the Amended and Restated Credit
Agreement from time to time
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