Common use of Orders within Facility Commitment Clause in Contracts

Orders within Facility Commitment. REG Marketing shall order the processing of 11.0 million pounds of Feedstocks at the Facility (“Facility Commitment”). Any such order shall set out the type and quantity of Feedstocks, and the Production Week for which such Feedstocks are intended for processing (“Order”). If such Order is timely made, then unless otherwise agreed by the Parties REG Marketing shall deliver the Feedstocks to Blackhawk Biofuels in time for production of the Biodiesel, Blackhawk Biofuels shall process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Order during such Production Week, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. Blackhawk Biofuels agrees to provide written acknowledgment of all Orders placed by REG Marketing. For purposes of this Agreement, a “Production Week” shall mean a calendar week beginning at 8:00 a.m. on Monday and ending at 7:59 a.m. on the following Monday, with weeks designated for pick up of Biodiesel measured in similar fashion. As an example, for the Production Week commencing January 19, 2009, REG Marketing would need to have delivered its Order for such Production Week on or before 5:00 p.m. on Monday, January 5, 2009. If such Order has been timely delivered to Blackhawk Biofuels, REG Marketing would then deliver in the Feedstocks required for such Production Week both before and during the production week. Blackhawk Biofuels would then have the Production Week of January 19 through January 26, 2009, to complete production, test and certify the Biodiesel meets the agreed upon specifications under the applicable Order. REG Marketing would then have from January 26 through 7:59 a.m. on February 9, 2009, to pick up the Biodiesel produced for such Production Week. REG Marketing shall develop a sample “Order/Nomination” form to be used by the Parties, which shall be attached as Exhibit A hereto. Any Feedstocks purchased by Bunge North America, Inc. (“Bunge”) pursuant to the terms of a Feedstock Purchase and Sale Agreement dated June 30, 2009 (the “Feedstock Agreement”) by and between Blackhawk Biofuels, REG Marketing and Bunge shall be included in determining whether the Facility Commitment has been met. Any purchase of Feedstocks by Bunge, however, shall be governed exclusively by the terms of the Feedstock Agreement and such purchases shall not be subject to the terms of this Agreement.

Orders within Facility Commitment. REG Marketing shall order the processing of 11.0 million pounds of Feedstocks at the Facility (“Facility Commitment”). Any such order shall set out the type and quantity of Feedstocks, and the Production Week for which such Feedstocks are intended for processing (“Order”). If such Order is timely made, then unless otherwise agreed by the Parties REG Marketing shall deliver the Feedstocks to Blackhawk Biofuels in time for production of the Biodiesel, Blackhawk Biofuels shall process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Order during such Production Week, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. Blackhawk Biofuels agrees to provide written acknowledgment of all Orders placed by REG Marketing. For purposes of this Agreement, a “Production Week” shall mean a calendar week beginning at 8:00 a.m. on Monday and ending at 7:59 a.m. on the following Monday, with weeks designated for pick up of Biodiesel measured in similar fashion. As an example, for the Production Week commencing January 19, 2009, REG Marketing would need to have delivered its Order for such Production Week on or before 5:00 p.m. on Monday, January 5, 2009. If such Order has been timely delivered to Blackhawk Biofuels, REG Marketing would then deliver in the Feedstocks required for such Production Week both before and during the production week. Blackhawk Biofuels would then have the Production Week of January 19 through January 26, 2009, to complete production, test and certify the Biodiesel meets the agreed upon specifications under the applicable Order. REG Marketing would then have from January 26 through 7:59 a.m. on February 9, 2009, to pick up the Biodiesel produced for such Production Week. REG Marketing shall develop a sample “Order/Nomination” form to be used by the Parties, which shall be attached as Exhibit A hereto. Any Feedstocks purchased by Bunge North America, Inc. (“Bunge”) pursuant to the terms of a Feedstock Purchase and Sale Agreement dated June 30, 2009 (the “Feedstock Agreement”) by and between Blackhawk Biofuels, REG Marketing and Bunge shall be included in determining whether the Facility Commitment has been met. Any purchase of Feedstocks by Bunge, however, shall be governed exclusively by the terms of the Feedstock Agreement and such purchases shall not be subject to the terms of this Agreement.

Orders within Facility Commitment. REG Marketing shall have the right (but not any obligation) to order the processing of 11.0 up to 1.9 million pounds of Feedstocks during a Production Week at the Facility (“Facility Commitment”), so long as REG Marketing has delivered such order at least two (2) weeks prior to the commencement of such Production Week. Any such order shall set out the type and quantity of Feedstocks, and the Production Week for which such Feedstocks are intended for processing (“Order”). If such Order is timely made, then unless otherwise agreed by the Parties REG Marketing shall deliver the Feedstocks to Blackhawk Biofuels CIE prior to such Production Week to utilize in time for the production of the Biodiesel, Blackhawk Biofuels CIE shall process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Order during such Production Week, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. Blackhawk Biofuels CIE agrees to provide written acknowledgment of all Orders placed by REG Marketing. For purposes of this Agreement, a “Production Week” shall mean a calendar week beginning at 8:00 a.m. on Monday and ending at 7:59 a.m. on the following Monday, with weeks designated for delivery of Feedstocks and pick up of Biodiesel measured in similar fashion. *** Portions omitted pursuant to a request for confidential treatment and filed separately with the SEC. As an example, for the Production Week commencing January 19, 2009, REG Marketing would need to have delivered its Order for such Production Week on or before 5:00 p.m. on Monday, January 5, 2009. If such Order has been timely delivered to Blackhawk BiofuelsCIE, REG Marketing would then have until 7:59 a.m. on Monday morning January 19, 2009, to deliver in the Feedstocks required for such Production Week both before and during the production weekWeek. Blackhawk Biofuels CIE would then have the Production Week of January 19 through January 26, 2009, to complete production, test and certify the Biodiesel meets the agreed upon specifications under the applicable Order. REG Marketing would then have from January 26 through 7:59 a.m. on February 9, 2009, to pick up the Biodiesel produced for such Production Week. REG Marketing shall develop a sample “Order/Nomination” form to be used by the Parties, which shall be attached as Exhibit A hereto. Any Feedstocks purchased by Bunge North America, Inc. (“Bunge”) pursuant to the terms of a Feedstock Purchase and Sale Agreement dated June 30, 2009 (the “Feedstock Agreement”) by and between Blackhawk Biofuels, REG Marketing and Bunge shall be included in determining whether the Facility Commitment has been met. Any purchase of Feedstocks by Bunge, however, shall be governed exclusively by the terms of the Feedstock Agreement and such purchases shall not be subject to the terms of this Agreement.

Orders within Facility Commitment. REG Marketing shall order the processing of 11.0 million pounds to be determined weekly of Feedstocks at the Facility (“Facility Commitment”). Any such order shall set out the type and quantity of Feedstocks, and the Production Week for which such Feedstocks are intended for processing (“Order”). If such Order is timely made, then unless otherwise agreed by the Parties REG Marketing shall deliver the Feedstocks to Blackhawk Biofuels in time for production of the Biodiesel, Blackhawk Biofuels shall process the Feedstocks and test and certify the Biodiesel as meeting the agreed upon specifications under the applicable Order during such Production Week, and REG Marketing shall arrange to pick up the resulting Biodiesel during the two weeks immediately following such Production Week. Blackhawk Biofuels agrees to provide written acknowledgment of all Orders placed by REG Marketing. For purposes of this Agreement, a “Production Week” shall mean a calendar week beginning at 8:00 a.m. on Monday and ending at 7:59 a.m. on the following Monday, with weeks designated for pick up of Biodiesel measured in similar fashion. As an example, for the Production Week commencing January 19, 2009, REG Marketing would need to have delivered its Order for such Production Week on or before 5:00 p.m. on Monday, January 5, 2009. If such Order has been timely delivered to Blackhawk Biofuels, REG Marketing would then deliver in the Feedstocks required for such Production Week both before and during the production week. Blackhawk Biofuels would then have the Production Week of January 19 through January 26, 2009, to complete production, test and certify the Biodiesel meets the agreed upon specifications under the applicable Order. REG Marketing would then have from January 26 through 7:59 a.m. on February 9, 2009, to pick up the Biodiesel produced for such Production Week. REG Marketing shall develop a sample “Order/Nomination” form to be used by the Parties, which shall be attached as Exhibit A hereto. Any Feedstocks purchased by Bunge North America, Inc. (“Bunge”) pursuant to the terms of a Feedstock Purchase and Sale Agreement dated June 30, 2009 (the “Feedstock Agreement”) by and between Blackhawk Biofuels, REG Marketing and Bunge shall be included in determining whether the Facility Commitment has been met. Any purchase of Feedstocks by Bunge, however, shall be governed exclusively by the terms of the Feedstock Agreement and such purchases shall not be subject to the terms of this Agreement.