Exhibit 10.1

EXECUTION COPY

RESTRUCTURING AGREEMENT

This RESTRUCTURING AGREEMENT (this “Agreement”) is made and entered into as of August 17, 2012, by and among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a corporation organized under the laws of Delaware (the “Borrower”), AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“AREI”), AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC, a Delaware limited liability company (“ARE-AW”), AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, a Delaware limited liability company (“ARE-MT”), AVENTINE RENEWABLE ENERGY — CANTON, LLC, a Delaware limited liability company (“ARE-C”), AVENTINE POWER, LLC, a Delaware limited liability company (“Power”), and NEBRASKA ENERGY, L.L.C., a Kansas limited liability company (“Nebraska”; together with AREI, ARE-AW, ARE-MT, ARE-C and Power, each a “Guarantor”, and collectively, jointly and severally, the “Guarantors”; and together with the Borrower, each a “Loan Party” and collectively, the “Loan Parties”), each Lender listed on the signature pages hereof, such Lenders constituting 100% of the Lenders under the Credit Agreement referred to below (the “Consenting Lenders”), and certain shareholders of the Borrower beneficially holding the Borrower’s issued and outstanding common stock in the amounts set forth in Exhibit B hereto (the “Majority Shareholders”).  The Loan Parties, the Consenting Lenders, the New Term Loan Lenders (as defined below) and the Majority Shareholders are collectively referred to herein as the “Parties.”

WITNESSETH:

WHEREAS, the Borrower, the Lenders, Citibank, N.A., in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”) for the Lenders, and certain other Persons in their capacity as Joint Lead Arrangers, Joint Book-Runners and/or as Co-Syndication Agents are parties to that certain Senior Secured Term Loan Credit Agreement, dated as of December 22, 2010, as amended from time to time (the “Credit Agreement”), and subject to the Forbearance Agreement, dated as of July 27, 2012 (the “Forbearance Agreement”).

WHEREAS, the Consenting Lenders, the Loan Parties and the Majority Shareholders have agreed to a restructuring of the indebtedness and capital stock of the Borrower and other Loan Parties (the “Restructuring”), subject to the terms and conditions described in this Agreement and the term sheet that is attached hereto as Exhibit A and made a part hereof (the “Restructuring Term Sheet”).

NOW, THEREFORE, in consideration of the agreement and provisions herein contained, the Parties do hereby agree as follows:

Section 1.                                          Definitions.  All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.

Section 2.                                          Consent.  Each of the Parties agrees as follows:

2.01                        Consenting Lenders.  Each Consenting Lender agrees to the Restructuring, as set forth herein and in the Restructuring Term Sheet, subject to the Restructuring Conditions, the other conditions set forth herein, and the conditions set forth in the Restructuring Term Sheet.

2.02                        New Term Loan Lenders.  Each New Term Loan Lender agrees to fund its Commitment and provide its share of the New Term Loan, as set forth herein and in the Restructuring Term Sheet, subject to the New Term Loan Conditions, the other conditions set forth herein, and the conditions set forth in the Restructuring Term Sheet.

2.03                        Loan Parties.  Each Loan Party agrees to the Restructuring, and further agrees to use its reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper or advisable under applicable laws and regulations, to consummate and make effective the transactions contemplated by the Restructuring as provided herein and in the Restructuring Term Sheet.

2.04                        Majority Shareholders.  Each of the Majority Shareholders agrees to vote, in connection with any request for approval submitted by the Borrower to its shareholders, the shares of common stock owned or controlled by such Majority Shareholder in favor of approval of the Restructuring, and further agrees to use its reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper or advisable under applicable laws and regulations to consummate and make effective the transactions contemplated by the Restructuring as provided herein and in the Restructuring Term Sheet.

Section 3.                                          Conditions to Restructuring Applicable to Consenting Lenders and New Term Loan Lenders.

3.01                        Each Consenting Lender’s consent to the Restructuring is subject to (i) all material definitive documentation for the Restructuring being in form and substance reasonably satisfactory to such Consenting Lender, (ii) approval by such Consenting Lender of the terms noted in the Restructuring Term Sheet as “TBD”, and (iii) reasonable determination by such Consenting Lender that the further conditions precedent set forth below and in the Restructuring Term Sheet have been satisfied (clauses (i), (ii) and (iii), the “Restructuring Conditions”).

3.02                        The Consenting Lenders have agreed to provide (or to cause one or more of its affiliates or funds under its management to provide) $30,000,000 of new financing to the Borrower and the other Loan Parties (the “New Term Loan”) on the terms and subject to the conditions set forth in the Restructuring Term Sheet, provided that each Consenting Lender shall only be obligated to fund any portion of the New Term Loan if it receives all of its required internal credit approvals (each such Consenting Lender which obtains such internal credit approvals and commits to fund a portion of the New Term Loan, in such capacity, a “New Term Loan Lender” and collectively the “New Term Loan Lenders”).  It is expected that, subject to receipt of such internal credit approvals, each New Term Loan Lender shall commit to fund a pro rata portion of the New Term Loan (such amount representing such New Term Loan Lender’s “Commitment”), corresponding to its ownership of the amount outstanding under the Credit Agreement.  Any changes to such expected allocations will be approved by all of the Consenting Lenders.  Each New Term Loan Lender’s Commitment is subject to (i) all material definitive documentation for the New Term Loan being in form and substance reasonably satisfactory to such New Term Loan Lender, (ii) approval by such New Term Loan Lender of the terms noted in the Restructuring Term Sheet as “TBD,” (iii) reasonable determination by such New Term Loan Lender that the further conditions precedent set forth below and in the Restructuring Term

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Sheet have been satisfied, and (iv) receipt of internal credit approvals by each of the New Term Loan Lender (clauses (i), (ii), (iii), and (iv) the “New Term Loan Conditions”).

Section 4.                                          Conditions to Consent of All Parties.  Each Consenting Lender’s consent to the Restructuring, each New Term Loan Lender’s Commitment for the New Term Loan, each Loan Party’s consent to the Restructuring, and each Majority Shareholder’s consent to the Restructuring, is subject to the following conditions:

(a)                                  the execution of this Agreement by the Consenting Lenders, the New Term Loan Lenders, the Loan Parties and the Majority Shareholders;

(b)                                 the negotiation and execution of documentation evidencing the Restructuring, in a form reasonably satisfactory to each Consenting Lender, the Majority Shareholders and the Loan Parties, on the terms and conditions set forth or contemplated in, and subject to the limitations contemplated by, this Agreement and the Restructuring Term Sheet (it being understood that each Consenting Lender and the Loan Parties shall act on a good faith commercially reasonable basis to agree upon such documentation), in accordance with the Restructuring Term Sheet;

(c)                                  the negotiation and execution of documentation evidencing the New Term Loan, in a form reasonably satisfactory to each New Term Lender and the Loan Parties, on the terms and conditions set forth or contemplated in, and subject to the limitations contemplated by, this Agreement and the Restructuring Term Sheet (it being understood that each New Term Lender and the Loan Parties shall act on a good faith commercially reasonable basis to agree upon such documentation), in accordance with the Restructuring Term Sheet;

(d)                                 the New Term Loan Lenders’ receipt on the Closing Date (as defined in the Restructuring Term Sheet) of a fully earned nonrefundable fee equal to 3% of each Term A Lender’s (as defined in the Restructuring Term Sheet) portion of the Term A Loan (as defined in the Restructuring Term Sheet), which fee shall be paid in kind by being added to the principal amount of the Term A Loan (as defined in the Restructuring Term Sheet) (the “Closing Fee”);

(e)                                  the New Term Loan Lenders’ having earned on the Closing Date a nonrefundable fee equal to 3% of each Term A Lender’s portion of the Term A Loan, which fee shall be paid in cash at the time specified in the Restructuring Term Sheet (the “Exit Fee”);

(f)                                    the simultaneous funding by each New Term Loan Lender in respect of the New Term Loan so that the New Term Loan is fully funded on the Closing Date; and

(g)                                 the other conditions specified in the Restructuring Term Sheet.

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Section 5.                                          Acknowledgements.  Each Consenting Lender, each New Term Loan Lender and each Majority Shareholder acknowledges that it has independently and without reliance on any other Party, and based on the financial information of the Loan Parties and such other documents and information as it has deemed appropriate, made its own credit and other investment analysis and decision to enter into the Restructuring and, if applicable, to provide its Commitment for the New Term Loan.

Section 6.                                          Representations of the Consenting Lenders.  Each Consenting Lender represents and warrants, on a several but not joint basis, as of the date hereof:

(a)                                  that it is the legal owner, beneficial holder, and/or the investment advisor or manager for the legal or beneficial owner of the Term Loans identified in Exhibit C hereto(1);

(b)                                 such Term Loans are free and clear of any pledge, lien, security interest, charge, claim, equity, option, proxy, voting restriction, right of first refusal or other limitation on disposition or encumbrances of any kind, that might adversely affect in any way such Consenting Lender’s performance of its obligations contained in this Agreement at the time such obligations are required to be performed;

(c)                                  that there is no amount of Term Loans of which it is the legal owner, beneficial owner and/or investment manager for the legal or beneficial owner that are not disclosed in Exhibit C hereto unless such Consenting Lender does not possess the full power to vote and dispose of such Term Loans; and

(d)                                 that it has the full power to vote, dispose of and compromise, consistent with the provisions contained in the Restructuring Term Sheet, the aggregate principal amount of its Term Loans.

Section 7.                                          Representations of the Majority Shareholders.  The Majority Shareholders represent and warrant, jointly and severally, as of the date hereof:

(e)                                  that they are the legal owners and/or beneficial holders of the number of shares of common stock of the Borrower identified in Exhibit B hereto of the Majority Shareholders; and

(f)                                    such shares of common stock of the Borrower are free and clear of any voting agreement, voting restriction or other similar restriction or limitation that might adversely affect in any way such Majority Shareholder’s performance of its obligations contained in this Agreement at the time such obligations are required to be performed.

Section 8.                                          Consenting Lender and Majority Shareholder Acknowledgements.  Each of the Consenting Lenders acknowledges and agrees (for itself), regardless of whether such Consenting Lender’s interest in the Credit Agreement constitutes “securities” within the meaning of the Securities Act of 1933, as amended (the “Securities Act”), and each Majority Shareholder acknowledges and agrees (for itself) that (a) such Consenting Lender or such Majority

(1)  Holdings on Exhibit C include the PIK Forbearance Fee under the Forbearance Agreement and accrued interest under the Credit Agreement to July 31, 2012.

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Shareholder, as the case may be, is (i) an “accredited investor” as such term is defined in Rule 501(a) of the Securities Act, or (ii) a “qualified institutional buyer” as such term is defined in Rule 144A of the Securities Act, and (b) adequate information was available to such Consenting Lender or such Majority Shareholder, as the case may be, in order to enable it to make an informed decision such that, were this Agreement to be construed as or deemed to constitute a solicitation or acceptance governed by the U.S. securities laws, such solicitation was in compliance with U.S. securities rules, and regulations governing the adequacy of disclosure in connection with such solicitation.

Section 9.                                          Effectiveness.  This Agreement shall become effective upon execution by each of the Parties.

Section 10.                                   Termination of Agreement.

(a)                                  This Agreement shall automatically terminate on the earliest to occur of (i) the Closing Date, (ii) September 30, 2012, or (iii) the expiration date of the Forbearance Agreement (as the same may be extended from time to time), provided, however, that this Agreement shall not be terminable by a Party if the date in clause (b) is not met due to a breach by such Party of its obligations under this Agreement or, if applicable, under such Lender’s Commitment.  This Agreement may be terminated by the mutual consent of the Consenting Lenders, the New Term Loan Lenders, the Loan Parties and the Majority Shareholders.

(b)                                 Notwithstanding anything herein to the contrary, the Loan Parties may terminate this Agreement in the event of (i) breach by any Party (other than a Loan Party) that would have a material adverse effect on the Loan Parties, (ii) the governing board of any Loan Party determines in good faith, based upon the written legal advice of counsel, that proceeding with the transactions contemplated by this Agreement would be a breach, or inconsistent with the exercise, of their respective fiduciary duties under applicable law, or (iii) the issuance by any governmental authority, including any regulatory authority or court of competent jurisdiction, of any ruling or order enjoining the consummation of this Agreement.

(c)                                  Upon the termination of this Agreement, this Agreement shall forthwith become void and of no further force or effect, each Party shall be released from its commitments, undertakings and agreements under or related to this Agreement, and there shall be no liability or obligation on the part of any Party under this Agreement; provided, however, that in no event shall any such termination relieve a Party from (i) liability for its breach or non-performance of its obligations hereunder prior to the date of such termination and (ii) obligations under the Credit Agreement or the Forbearance Agreement; and provided, further that, notwithstanding anything to the contrary herein, termination of this Agreement pursuant to and in accordance with this Section 10 may be waived by the Party having the right to so terminate, in which case the termination of this Agreement

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shall be deemed not to have occurred, this Agreement shall be deemed to continue in full force and effect, and the rights and obligations of the Parties shall be restored, subject to any modification set forth in such waiver.

Section 11.                                   Forbearance Agreement.  The Consenting Lenders hereby agree that the forbearance provided for under the Forbearance Agreement shall remain in effect until September 30, 2012, provided that (i) no other Termination Event (as defined in the Forbearance Agreement) occurs prior to such date and (ii) the ABL Agent and ABL Lender (each as defined in the Term Sheet) have extended the forbearance under the ABL Forbearance Agreement (as defined in the Term Sheet) until September 30, 2012 without any other modifications to the ABL Forbearance Agreement that are adverse to the Lenders or to the Loan Parties.

Section 12.                                   Miscellaneous.

12.01                 Changes.  This Agreement, the consent of each Consenting Lender, Loan Party and Majority Shareholder to the Restructuring, and each New Term Loan Lender’s Commitment, may not be withdrawn, amended, supplemented, or changed except pursuant to a writing signed by all of the Parties.

12.02                 Binding Effect; Assignment.  Each Consenting Lender, New Term Loan Lender, Loan Party and Majority Shareholder agrees that this Agreement, including the attached Restructuring Term Sheet, is a valid, binding and enforceable agreement with respect to the subject matter contained herein, it being understood that the agreement remains subject to conditions set forth herein and in the Restructuring Term Sheet.

(a)                                  Each Consenting Lender and New Term Loan Lender may assign its obligations under this Agreement, including a New Term Loan Lender’s obligation to fund its Commitment, in whole or in part to any of its affiliates or related funds, any other Lender, or another party; provided, however, that (i) such assignee party executes a joinder to this Agreement, and (ii) such assigning Lender shall not be relieved of any of its obligations to fund hereunder in the event any such assignee lender shall fail to fund in accordance with the terms hereof.  Any sale, transfer or assignment of any obligations hereunder that does not comply with this Section 12.02(a) shall be deemed null and void ab initio.  The obligations under this Agreement shall be binding on the successors or assigns of each Consenting Lender and New Term Loan Lender.

(b)                                 Each Majority Shareholder may, subject to compliance with applicable securities laws, sell, transfer or assign its common stock in the Borrower to any other Person, provided however, that (i) such purchaser, transferee or assignee executes a joinder to this Agreement, and (ii) such Majority Shareholder shall not be relieved of any of its obligations pursuant to the terms of this Agreement.

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12.03                 Confidentiality.  The contents of this Agreement are confidential and, with respect to each Party party to a confidentiality agreement with the Borrower regarding the subject matter herein, this Agreement is subject to the terms and conditions set forth in such confidentiality agreement.  Except as required by law, statute, rule, regulation, valid judicial process or in response to a request from a regulatory or self-regulatory or supervisory authority having or asserting jurisdiction over such Party, this Agreement shall not be disclosed or displayed or its contents otherwise disclosed by any Party to any third person (other than, on a confidential basis, to Agent, the ABL Lender and ABL Agent (each as defined in the Restructuring Term Sheet), to any Party’s counsel, officers, employees, advisors and the limited partners or clients of such Party’s managed funds and accounts) without the prior written consent of the non-disclosing Parties.

12.04                 Severability.  The provisions of this Agreement are severable, and if any clause or provision shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision, or part thereof, in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction, or any other clause or provision in this Agreement in any jurisdiction.

12.05                 Counterparts.  This Agreement may be executed in any number of counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument.  Delivery of an executed counterpart of this Agreement by telefacsimile or other electronic transmission shall be equally effective as delivery of a manually executed counterpart.

12.06                 Headings.  Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose.

12.07                 Submission of Agreement.  The submission of this Agreement to the Parties or their agents or attorneys for review or signature does not constitute a commitment by any Consenting Lender, New Term Loan Lender, Loan Party or Majority Shareholder to take or refrain from taking any action contemplated hereby and this Agreement shall have no binding force or effect until all of the conditions to the effectiveness of this Agreement have been satisfied as set forth herein.

12.08                 Authorization.  Each of the Parties hereby represents and warrants that the execution, delivery and performance of this Agreement by such Party (i) is within the power and authority of such Party and has been duly authorized by all necessary action by such Party and (ii) has been duly authorized, executed and delivered by such Party and constitutes the legal, valid and binding obligation of such Party, enforceable in accordance with its terms.

12.09                 Governing Law; Waiver of Jury Trial.  THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.  Each of the Consenting Lenders, New Term Loan Lenders, Loan Parties and Majority Shareholders hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of the Consenting Lenders, New Term Loan Lenders,

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Loan Parties and/or Majority Shareholders in the negotiation, administration, performance or enforcement hereof.

12.10                 Conflicts.  In the event of a conflict between the specific terms contained in the body of this Agreement and the specific terms of the Restructuring Term Sheet, the terms contained in the body of this Agreement shall control.

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers thereunto duly authorized, as of the date first above written.

[Signature Page Restructuring Agreement]

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DAVID KEMPNER PARTNERS

By:  MHD Management Co., its general partner

By:  MHD Management Co. GP, L.L.C., its general partner

DAVIDSON KEMPNER INSTITUTIONAL PARTNERS, L.P.

By:  Davidson Kempner Advisers, Inc., it general partner

M.H. DAVIDSON & CO.

By:  M.H. Davidson &  Co., L.L.C., its general partner

DAVIDSON KEMPNER INTERNATIONAL, LTD.

By:  Davidson Kempner International Advisors, L.L.C., its Investment Manager

[Signature Page Restructuring Agreement]

DAVIDSON KEMPNER DISTRESSED OPPORTUNITIES FUND LP

By:  DK Group LLC, its general partner

DAVIDSON KEMPNER DISTRESSED OPPORTUNITIES INTERNATIONAL LTD.

By:  DK Management Partners LP, its Investment Manager

[Signature Page Restructuring Agreement]

Exhibit A

Restructuring Term Sheet

EXECUTION COPY

CONFIDENTIAL

AVENTINE RENEWABLE ENERGY HOLDINGS, INC.

Restructuring Term Sheet

This term sheet reflects the material terms and conditions of an out-of-court restructuring for Aventine Renewable Holdings, Inc. and its affiliates (the “Restructuring”).  This term sheet is intended to be attached to an agreement among Lenders under the Existing Credit Agreement (as defined below) (the “Consenting Lenders”), the Borrower and Guarantors (as defined below, and together, the “Loan Parties”), and certain shareholders of the Borrower beneficially holding in the aggregate more than 50% of the Borrower’s issued and outstanding common stock (the “Majority Shareholders”) (the “Agreement”).  These terms are not enforceable or binding on any party unless and until definitive agreements are executed by each party thereto, as applicable, and thereafter shall be enforceable and binding only on the signatories to the respective definitive agreements and only by the other signatories to such definitive agreements.  This term sheet does not contain all of the contemplated terms and conditions of the Restructuring.  Subject to the terms of the Agreement, this term sheet and the terms set forth herein are not to be disseminated to any party or person who is not an attorney or advisor of a party to the Agreement.  The consummation of the Restructuring shall be subject to, among other things, (a) the Restructuring Conditions (as defined in the Agreement) and (b) the negotiation, execution, and delivery of definitive agreements that are mutually acceptable to each of the Consenting Lenders, the New Term Loan Lenders (as defined below) and the Loan Parties, and the satisfaction of customary and specific conditions precedent for transactions of the type described herein.

(1)  As defined in the Existing Credit Agreement.  The Existing ABL Facility is subject to a Forbearance Agreement dated as of July 27, 2012 (the “ABL Forbearance Agreement”).

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(2)  The Consenting Lenders reserve the right (in their sole discretion) to adjust the economics between the Term Loan A and Term Loan B, as well as the allocation of the equity received by the Consenting Lenders, so long as the all-in-cost to the Borrower is unchanged and any such adjustment is finalized by the execution of definitive documentation.

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(3)  The numbers in this section “Transaction Summary/Equity” are based upon (i) an estimated accrued Existing Term Loan claim of $235 million and (ii) fully diluted shares of common stock estimated at 8,863,370 as of the date hereof, which amount excludes unexercised warrants to purchase 449,503 shares and 63,795 shares of common stock held in treasury.  For purposes of this term sheet, when used herein, the phrase “on a fully diluted basis” and similar phrases refers to the method of calculation used in the immediately preceding sentence to determine fully diluted shares of the Borrower’s common stock outstanding.  All final prices and amounts to be based upon final calculations of the accrued claim by the Existing Agent and shares outstanding, on a fully diluted basis, by the Borrower on the Closing Date.

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Exhibit B

Shares Owned by Majority Shareholders

Exhibit C

Term Loans Owned by Consenting Lenders

(1) Holdings listed herein include the PIK Forbearance Fee under the Forbearance Agreement and accrued interest under the Credit Agreement to July 31, 2012.