FIFTH AMENDMENT AGREEMENT
This is a Fifth Amendment Agreement (the “Fifth Amendment”), dated and effective as of July 31, 2008
(the “Effective Date”), with respect to that certain Loan Agreement (the “Loan Agreement”) dated as of
December 27, 1999, made by BIBP Commodities, Inc. , a Delaware corporation (“Borrower”), and Capital
Delivery, Ltd. , a Kentucky corporation (“Lender”); and that certain Promissory Note (the “Note”) dated as of
December 27, 1999, made by Borrower in favor of Lender, all as amended by an Amendment Agreement dated
June 15, 2001, by a Second Amendment Agreement dated July 1, 2002, by a Third Amendment Agreement
dated May 17, 2004, and by a Fourth Amendment dated December 19, 2007.
A. Lender has made available to Borrower a revolving line of credit (the “Loan”) as evidenced by
the Loan Agreement and the Note, as amended.
B. Borrower and Lender anticipate increased borrowing needs for Borrower and desire to further
amend the Loan Agreement and the Note as provided herein to increase the maximum principal amount of the
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The above Recitals are hereby incorporated by reference into the text of this Amendment as if
they were repeated verbatim herein. Capitalized terms, unless otherwise defined herein, shall have the meaning
given them in the Loan Agreement or the Note, as the case may be.
2. Borrower and Lender hereby amend the terms of the Loan Agreement and the Note to
increase the Maximum Amount of the Loan from $30,000,000 to $40,000,000.
3. The Maturity Date of the Loan is hereby extended to December 31, 2009.
4. Section 1(b) of the Loan Agreement is hereby amended and restated, as of the Effective Date,
(b) Extension of Term . Commencing Dece