Common use of Offers in Excess of the Facility Commitment Clause in Contracts

Offers in Excess of the Facility Commitment. REG Marketing may offer to deliver additional Feedstocks beyond the Facility Commitment, subject to Blackhawk Biofuels’s acceptance. Any such offer (“Nomination”) shall set out the type and quantity of Feedstocks, the Production Week for which such Feedstocks are intended for production, and advise of the time period during which Blackhawk Biofuels shall be required to communicate Blackhawk Biofuels’s acceptance back to REG Marketing (“Offer Period”). The parties agree that such Offer Period will not expire prior to 12:00 o’clock noon, local time at the Facility, on the business day following that day during which the Nomination is delivered, and provided further that (unless waived by Blackhawk Biofuels) a Nomination shall not propose a Feedstocks delivery schedule with first delivery date less than seven (7) calendar days after the end of the Offer Period. If a Nomination is accepted by Blackhawk Biofuels (as set out hereafter), then (unless otherwise agreed by the Parties) REG Marketing agrees to deliver the Feedstocks to Blackhawk Biofuels pursuant to the terms of the Nomination prior to such Production Week to utilize in the production of the Biodiesel, Blackhawk Biofuels shall during such Production Week process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Nomination, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. The sample “Order/Nomination” form to be used by the Parties is attached as Exhibit A hereto.

Offers in Excess of the Facility Commitment. REG Marketing may offer to deliver additional Feedstocks beyond the Facility Commitment, subject to Blackhawk Biofuels’s acceptance. Any such offer (“Nomination”) shall set out the type and quantity of Feedstocks, the Production Week for which such Feedstocks are intended for production, and advise of the time period during which Blackhawk Biofuels shall be required to communicate Blackhawk Biofuels’s acceptance back to REG Marketing (“Offer Period”). The parties agree that such Offer Period will not expire prior to 12:00 o’clock noon, local time at the Facility, on the business day following that day during which the Nomination is delivered, and provided further that (unless waived by Blackhawk Biofuels) a Nomination shall not propose a Feedstocks delivery schedule with first delivery date less than seven (7) calendar days after the end of the Offer Period. If a Nomination is accepted by Blackhawk Biofuels (as set out hereafter), then (unless otherwise agreed by the Parties) REG Marketing agrees to deliver the Feedstocks to Blackhawk Biofuels pursuant to the terms of the Nomination prior to such Production Week to utilize in the production of the Biodiesel, Blackhawk Biofuels shall during such Production Week process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Nomination, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. The sample “Order/Nomination” form to be used by the Parties is attached as Exhibit A hereto. *** Confidential material redacted and filed separately with the Commission.

Offers in Excess of the Facility Commitment. REG Marketing may offer to deliver delivery additional Feedstocks beyond the Facility Commitment, subject to Blackhawk BiofuelsCIE’s acceptance. Any such offer (“Nomination”) shall set out the type and quantity of Feedstocks, the Production Week for which such Feedstocks are intended for production, and advise of the time period during which Blackhawk Biofuels CIE shall be required to communicate Blackhawk BiofuelsCIE’s acceptance back to REG Marketing (“Offer Period”). The parties agree that such Offer Period will not expire prior to 12:00 o’clock noon, local time at the Facility, on the business day following that day during which the Nomination is delivered, and provided further that (unless waived by Blackhawk BiofuelsCIE) a Nomination shall not propose a Feedstocks delivery schedule with first delivery date less than seven (7) calendar days after the end of the Offer Period. If a Nomination is accepted by Blackhawk Biofuels CIE (as set out hereafter), then (unless otherwise agreed by the Parties) REG Marketing agrees to deliver the Feedstocks to Blackhawk Biofuels CIE pursuant to the terms of the Nomination prior to such Production Week to utilize in the production of the Biodiesel, Blackhawk Biofuels CIE shall during such Production Week process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Nomination, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. The sample “Order/Nomination” form to be used by the Parties is attached as Exhibit A hereto.