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SOUTH DAKOTA SOYBEAN PROCESSORS LLC

For the period ended Dec 31, 2023. Filed Mar 22, 2024.

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A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.

FY2023 · Filed Mar 22, 2024

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Item 15. Exhibits, Financial Statement Schedules

The following exhibits and consolidated financial statements are filed as part of, or are incorporated by reference into, this report:

(a)(1)Financial Statements — Reference is made to the “Index to Consolidated Financial Statements” of South Dakota Soybean Processors, LLC located on the page immediately preceding page F-1 of this report for a list of the consolidated financial statements for the year ended December 31, 2023. The consolidated financial statements appear on page F-2 of this Report.

(2) All supplemental schedules are omitted because of the absence of conditions under which they are required or because the information is shown in the Consolidated Financial Statements or notes thereto.

(3)Exhibits - Exhibits required to be filed by Item 601 of Regulation S-K are set forth in the Exhibit Index accompanying this Annual Report on Form 10-K and are incorporated herein by reference.

ExhibitNumberDescription
3.1(i)Articles of Organization
3.1(ii)Operating Agreement, as amended and restated
3.1(iii)Articles of Amendment to Articles of Organization
4.1Form of Class A Unit Certificate
10.1Railroad Car Lease Agreement with Trinity Industries dated February 12, 2002
10.2Railroad Car Lease Agreements with Wells Fargo Rail Corporation, dated November 10, 2003 and November 25, 2003
10.3Security Agreement with CoBank dated June 17, 2004
10.4Credit Agreement with CoBank dated December 28, 2016
10.5Amendment to Credit Agreement with CoBank dated March 28, 2017
10.6Amendment to Credit Agreement with CoBank dated February 27, 2018
10.7Amendment to Credit Agreement with CoBank dated January 28, 2020
10.8Amendment to Credit Agreement with CoBank dated December 10, 2020
10.9Amendment to Credit Agreement with CoBank dated December 14, 2021
10.10Amendment to Credit Agreement with CoBank dated September 20, 2023
10.11Monitored Revolving Credit Supplement dated December 28, 2016
10.12Amended and Restated Revolving Credit Promissory Note dated January 31, 2023
10.13Amended and Restated Revolving Credit Promissory Note dated March 3, 2023
10.14Amended and Restated Revolving Term Promissory Note dated April 27, 2022
10.15Amended and Restated Revolving Term Promissory Note dated September 20, 2023
10.16Multiple Advance Term Promissory Note with CoBank dated September 20, 2023
10.17Thomas Kersting Employment Agreement dated January 1, 2023
10.18Mark Hyde Employment Agreement dated March 21, 2017
10.19Capital Contribution and Commitment Agreement dated September 21, 2022
10.20SDSP Parent Guarantee dated September 7, 2023
21.1Subsidiaries of the Company (*)
31.1Rule 13a-14(a)/15d-14(a) Certification by Chief Executive Officer (*)
31.2Rule 13a-14(a)/15d-14(a) Certification by Chief Financial Officer (*)
32.1Section 1350 Certification by Chief Executive Officer (*)
32.2Section 1350 Certification by Chief Financial Officer (*)

(*) Filed herewith.

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