RIGHTS AGREEMENT dated as of December 19, 2005 between AVENTINE RENEWABLE ENERGY HOLDINGS, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, as Rights AgentRights Agreement • March 30th, 2006 • Aventine Renewable Energy Holdings Inc • New York
AGREEMENT dated as of December 19, 2005, between Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, as Rights Agent (the “Rights Agent”).
AVENTINE RENEWABLE ENERGY HOLDINGS, INC 10% Senior Notes due 2017Aventine Renewable Energy Holdings Inc • March 27th, 2007 • Industrial organic chemicals • New York
Aventine Renewable Energy Holdings, Inc, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several initial purchasers listed in Schedule 1 hereto (the “Initial Purchasers”), for whom you are acting as representative (the “Representative”), $300,000,000 principal amount of its 10% Senior Notes due 2017 (the “Securities”). The Securities will be issued pursuant to an Indenture to be dated as of March 26, 2007 (the “Indenture”) among the Company, the guarantors listed in Schedule 2 hereto (the “Guarantors”) and Wells Fargo Bank, N.A., as trustee (the “Trustee”), and will be guaranteed on an unsecured senior basis by each of the Guarantors (the “Guarantees”).
AVENTINE RENEWABLE ENERGY HOLDINGS, INC. 13% SENIOR SECURED NOTES DUE 2015 REGISTRATION RIGHTS AGREEMENT August 19, 2010Registration Rights Agreement • September 10th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), is issuing and selling to the Holders (as defined below) listed on Annex I, upon the terms set forth in the Company’s August 2010 Confidential Information Memorandum, the Second Backstop Commitment Agreement dated August 2, 2010, by and among the Company, its subsidiaries and the parties listed on Annex II (each a “Backstop Purchaser” and collectively, the “Backstop Purchasers”) (the “Second Backstop Commitment Agreement”), and the Subscription Agreements between the initial Holders of the Notes, on the one hand, and the Company, on the other (the “Subscription Agreements”), $50,000,000 aggregate principal amount of 13% Senior Secured Notes due 2015 (each, together with the related guarantees, a “Note” and collectively, the “Notes”). As an inducement to the Backstop Purchasers to enter into the Second Backstop Commitment Agreement, and as an inducement to the Holders to enter into the Subscription Agreeme
REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH AVENTINE RENEWABLE ENERGY HOLDINGS, INC. AND AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC AVENTINE RENEWABLE ENERGY, INC. AVENTINE RENEWABLE ENERGY —...Security Agreement • December 14th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Illinois
Revolving Credit and Security Agreement dated as of March 15, 2010 among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Holdings”), AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC, a Delaware limited liability company (“Aventine Renewable Aurora”), AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“Aventine Renewable Inc.”), AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, a Delaware limited liability company (“Aventine Renewable Mt Vernon”), AVENTINE POWER, L.L.C., a Delaware limited liability company (“Aventine Power”), NEBRASKA ENERGY, LLC, a Kansas limited liability company (“Nebraska Energy” and together with Holdings, Aventine Renewable Aurora, Aventine Renewable Inc., Aventine Renewable Mt Vernon, Aventine Power and Nebraska Energy, the “Borrowers”, and each individually a “Borrower”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATI
200,000,000 SENIOR SECURED TERM LOAN CREDIT AGREEMENT Dated as of December 22, 2010 among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., as Borrower, CITIBANK, N.A., as Administrative Agent, CITIBANK, N.A., as Collateral Agent, and The Other Lenders Party...Credit Agreement • December 22nd, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
This CREDIT AGREEMENT (“this Agreement”) is entered into as of December 22, 2010, among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), CITIBANK, N.A., in its capacity as administrative agent for the Lenders (in such capacity, together with any successor in interest or assignee pursuant to Article IX, the “Administrative Agent”), CITIBANK, N.A., in its capacity as collateral agent for the Secured Parties (in such capacity, together with any successor in interest or assignee pursuant to Article IX, the “Collateral Agent”), CITIGROUP GLOBAL MARKETS INC. and JEFFERIES FINANCE LLC, as Joint Lead Arrangers and Joint Book-Runners and CITIBANK, N.A. and JEFFERIES FINANCE LLC, as Co-Syndication Agents.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 30th, 2006 • Aventine Renewable Energy Holdings Inc • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of December 23, 2005, by and between Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), and Friedman, Billings, Ramsey & Co., Inc., a Delaware corporation (“FBR”), for the benefit of the purchasers of the Company’s common stock, par value $0.001 per share (the “Common Stock”), as participants (“Participants”) in the private placement by the Company of shares of its Common Stock (the “Private Placement”) and the direct and indirect transferees of FBR and each of the Participants.
INDENTURE DATED AS OF MARCH 15, 2010, AMONG AVENTINE RENEWABLE ENERGY HOLDINGS, INC., AS ISSUER, THE GUARANTORS NAMED HEREIN, AS GUARANTORS, AND WILMINGTON TRUST FSB, AS TRUSTEE AND COLLATERAL AGENT 13% SENIOR SECURED NOTES DUE 2015Indenture • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
INDENTURE, dated as of March 15, 2010, among Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), the Guarantors (as herein defined) and Wilmington Trust FSB, as trustee (in such capacity, the “Trustee”) and collateral agent (in such capacity, the “Collateral Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 23rd, 2011 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
This Employment Agreement (this “Agreement”) is dated as of November 22, 2011 (the “Effective Date”), by and among Aventine Renewable Energy Holdings, Inc. (together with its successors and assigns the “Company”) and Calvin Stewart (“Executive”).
AVENTINE RENEWABLE ENERGY HOLDINGS, INC. 8,058,450 Shares of Common Stock UNDERWRITING AGREEMENTAventine Renewable Energy Holdings Inc • June 28th, 2006 • Industrial organic chemicals • Virginia
BANC OF AMERICA SECURITIES LLC FRIEDMAN, BILLINGS, RAMSEY & CO., INC. GOLDMAN, SACHS & CO. as Representatives of the several Underwriters c/o Friedman, Billings, Ramsey & Co., Inc. 1001 19th Street North Arlington, Virginia 22209
AVENTINE RENEWABLE ENERGY HOLDINGS, INC. RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • August 5th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
This Restricted Stock Award Agreement (the “Agreement”) is made, effective as of the 5th day of May, 2010 (the “Date of Grant”), by and between Aventine Renewable Energy Holdings, Inc. (the “Company”) and John Castle (the “Participant”).
AVENTINE RENEWABLE ENERGY HOLDINGS, INC. STOCK OPTION AGREEMENTStock Option Agreement • August 5th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
THIS AGREEMENT, made this 5th day of May, 2010 (the “Date of Grant”), by and between Aventine Renewable Energy Holdings, Inc. (the “Company”) and John Castle (the “Participant”).
AMENDED AND RESTATED CREDIT AGREEMENT by and among WELLS FARGO CAPITAL FINANCE, LLC, as Agent, THE LENDERS THAT ARE PARTIES HERETO, as the Lenders, AVENTINE RENEWABLE ENERGY HOLDINGS, INC., as Parent, AVENTINE RENEWABLE ENERGY, INC., AVENTINE...Credit Agreement • November 9th, 2011 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • California
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), is entered into as of July 20, 2011, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender,” as that term is hereinafter further defined), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Parent”), 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”)
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 2nd, 2007 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
This REGISTRATION RIGHTS AGREEMENT dated March 27, 2007 (the “Agreement”) is entered into by and among Aventine Renewable Energy Holdings, Inc., a Delaware Corporation (the “Company”), Aventine Renewable Energy, LLC, Aventine Renewable Energy, Inc., Aventine Renewable Energy — Aurora West, LLC, Aventine Renewable Energy — Mt. Vernon, LLC, and Aventine Power, LLC (the “Guarantors”), and J.P. Morgan Securities Inc. (“JPMorgan”), Goldman, Sachs & Co. and UBS Securities LLC. (the “Initial Purchasers”).
as Agent, THE LENDERS THAT ARE PARTIES HERETO, as the Lenders, AVENTINE RENEWABLE ENERGY HOLDINGS, INC., as Parent, AVENTINE RENEWABLE ENERGY, INC., AVENTINE RENEWABLE ENERGY – AURORA WEST, LLC, AVENTINE RENEWABLE ENERGY – MT VERNON, LLC, AVENTINE...Credit Agreement • September 27th, 2012 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • California
This ASSIGNMENT AND ACCEPTANCE AGREEMENT (“Assignment Agreement”) is entered into as of between (“Assignor”) and (“Assignee”). Reference is made to the Agreement described in Annex I hereto (the “Credit Agreement”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Credit Agreement.
AVENTINE RENEWABLE ENERGY HOLDINGS, INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • December 14th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
This Restricted Stock Unit Agreement (the “Agreement”), effective as of the 13th day of October, 2010 (the “Date of Grant”) by and between Aventine Renewable Energy Holdings, Inc. (the “Company”), and Ben Borgen (the “Participant”), evidences the grant by the Company of restricted Common Share units (the “Award”) to the Participant on such date and the Participant’s acceptance of the Award in accordance with the provisions of the Company’s 2010 Equity Incentive Plan (the “Plan”). The Company and the Participant agree as follows:
AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • March 5th, 2007 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
THIS AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENT, dated as of September 15, 2006, is made by AVENTINE RENEWABLE ENERGY, a Delaware corporation (the “Borrower”), AVENTINE RENEWABLE ENERGY, LLC, a Delaware limited liability company (“Parent” and, together with any other entity that may become a party hereto or a Guarantor as provided herein, the “Guarantors” and, each individually, a “Guarantor,” and the Guarantors, together with the Borrower, the “Grantors” and, each individually, a “Grantor”), in favor of JPMORGAN CHASE BANK, N.A., (f.k.a. JPMorgan Chase Bank) as the Administrative Agent (in such capacity, the “Administrative Agent”) for the ratable benefit of (a) the financial institutions (the “Lenders”) now or hereafter parties to the Amended and Restated Credit Agreement dated as of September 15, 2006 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Administrative Agent, the Issuing Bank (as defined in the
SHORT FORM CONTRACT (AGREEMENT WITH INDEPENDENT CONTRACTOR) ,Aventine Renewable • August 5th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Indiana
AGREEMENT BETWEEN Fagen, Inc., a Minnesota corporation with offices at 501 W. Highway 212, Granite Falls, MN 56241 (hereinafter called “CONTRACTOR”) and AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, (hereinafter called “COMPANY”).
REGISTRATION RIGHTS AGREEMENT Dated December 17, 2004 between AVENTINE RENEWABLE ENERGY HOLDINGS, INC. THE GUARANTORS NAMED HEREIN and MORGAN STANLEY & CO. INCORPORATED BANC OF AMERICA SECURITIES LLC BEAR, STEARNS & CO. INC.Registration Rights Agreement • March 30th, 2006 • Aventine Renewable Energy Holdings Inc • New York
This Agreement is made pursuant to the Placement Agreement dated December 10, 2004, between the Company, the Guarantors and the Placement Agents (the “ Placement Agreement”), which provides for the sale by the Company to the Placement Agents of an aggregate of $160,000,000 principal amount of the Company’s Senior Secured Floating Rate Notes due 2011 (the “Securities”) to be jointly and severally guaranteed by the Guarantors. In order to induce the Placement Agents to enter into the Placement Agreement, the Company and the Guarantors have agreed to provide to the Placement Agents and their direct and indirect transferees the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Placement Agreement.
EIGHTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY By and Among The Ports of Indiana Aventine Renewable Energy-Mt Vernon, LLC And Aventine Renewable Energy Holdings, Inc.Lease Agreement • September 10th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals
THIS EIGHTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY (“Eighth Amendment”) is made and entered into this 10th day of December, 2009 by and among the PORTS OF INDIANA, a body corporate and politic existing under the laws of the State of Indiana and formerly known as the Indiana Port Commission (the “Ports”), AVENTINE RENEWABLE ENERGY-MT VERNON, LLC a Delaware Limited Liability Company (“Lessee”, and together the “Parties”) and AVENTINE RENEWABLE ENERGY HOLDINGS, INC. (“Guarantor”).
WARRANT AGREEMENT between AVENTINE RENEWABLE ENERGY HOLDINGS, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, As Warrant Agent Dated as of September 24, 2012 Warrants To Purchase Common StockWarrant Agreement • September 27th, 2012 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
AGREEMENT dated as of September 24, 2012 between Aventine Renewable Energy Holdings, Inc., a Delaware corporation (referred to herein as the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company, as warrant agent (referred to herein as the “Warrant Agent”).
CREDIT AGREEMENT dated as of March 23, 2007 among AVENTINE RENEWABLE ENERGY, INC., AVENTINE RENEWABLE ENERGY – MT VERNON, LLC, and AVENTINE RENEWABLE ENERGY – AURORA WEST, LLC, as Borrowers, The Other Loan Parties Party Hereto, The Lenders Party...Assignment and Assumption • March 26th, 2007 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
CREDIT AGREEMENT dated as of March 23, 2007 (as it may be amended or modified from time to time, this “Agreement”), among AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“Aventine”), AVENTINE RENEWABLE ENERGY – MT VERNON, LLC, a Delaware limited liability company (“Mt Vernon”), AVENTINE RENEWABLE ENERGY – AURORA WEST, LLC, a Delaware limited liability company (“Aurora West” and collectively with Aventine and Mt Vernon, the “Borrowers” and each individually a “Borrower”), the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
DEED OF TRUST, ASSIGNMENT, ASSIGNMENT OF RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT Dated as of March 15, 2010 NEBRASKA ENERGY, L.L.C. (also known as NEBRASKA ENERGY, LLC) a Kansas limited liability company, Grantor to NEBRASKA...Non-Disturbance and Attornment Agreement • August 2nd, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Nebraska
THIS INSTRUMENT IS A DEED OF TRUST, ASSIGNMENT, ASSIGNMENT OF RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT. THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF INDEBTEDNESS SECURED BY THIS INSTRUMENT AT ANY ONE TIME SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION AND 00/100 DOLLARS ($150,000,000.00).
ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • June 1st, 2006 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Illinois
This Ethanol Marketing Agreement ("Agreement") is made and entered into as the 22nd day of February 2005 by and between Aventine Renewable Energy, Inc., a Delaware corporation ("AREI) and VeraSun Fort Dodge, LLC, a Delaware corporation ("VeraSun Fort Dodge").
FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • September 10th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Illinois
This First Amendment to Revolving Credit and Security Agreement (the “First Amendment”), is made this 6th day of August, 2010 among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Holdings”), AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC, a Delaware limited liability company (“Aventine Renewable Aurora”), AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“Aventine Renewable Inc.”), AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, a Delaware limited liability company (“Aventine Renewable Mt. Vernon”), AVENTINE POWER, LLC, a Delaware limited liability company (“Aventine Power”), NEBRASKA ENERGY, L.L.C., a Kansas limited liability company (“Nebraska Energy” and together Holdings, Aventine Renewable Aurora, Aventine Renewable Inc., Aventine Renewable Mt. Vernon and Aventine Power, each a “Borrower” and jointly and severally, the “Borrowers”), the financial institutions which are now or which hereafter become a party hereto as “Lenders” (collectively, the “Lenders”), and
DBIA [LOGO] DESIGN-BUILD INSTITUTE OF AMERICA Standard Form of Agreement Between Owner and Design-Builder—Lump Sum This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification.License Agreement • June 1st, 2006 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals
This AGREEMENT is made as of the 9th day of September in the year of 2005, by and between the following parties, for services in connection with the Project identified below.
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • March 19th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is entered into, effective as of March , 2010, between Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), and [NAME OF DIRECTOR] (“Indemnitee”).
ASSET PURCHASE AGREEMENT between NEW CIE ENERGY OPCO, LLC and AVENTINE RENEWABLE ENERGY HOLDINGS, INC. made as of August 6, 2010Asset Purchase Agreement • September 10th, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Delaware
This ASSET PURCHASE AGREEMENT (this “Agreement”) between New CIE Energy Opco, LLC, a Delaware, limited liability company (the “Company” or “Seller”), and Aventine Renewable Energy Holdings, Inc., a Delaware corporation (“Buyer”), is made as of August 6, 2010.
PARENT GUARANTYParent Guaranty • August 10th, 2007 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
Aventine Renewable Energy - Aurora West, LLC, a Delaware company (“Owner”), and Kiewit Energy Company, a Delaware corporation (“Contractor”) entered into an EPC Fixed Price Contract dated May 31, 2007 (the “Agreement”).
AWARD AGREEMENT Under the Aventine Renewable Energy Holdings, Inc. 2003 Stock Incentive PlanAward Agreement • June 13th, 2006 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Delaware
Optionee’s own benefit or purposes or the benefit or purposes of any Person other than the Company, any trade secrets or other confidential information relating to customers, development programs, costs, marketing, trading, investment, sales activities, promotion, credit and financial data, manufacturing processes, financing methods, plans, or the business and affairs of the Company generally; provided that the foregoing shall not apply to information which is required by law to be disclosed, or to information which is not unique to the Company or which is generally known to the industry or the public other than as a result of the Optionee’s breach of this covenant.
SIXTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY By and Among The Ports of Indiana Aventine Renewable Energy-Mt Vernon, LLC And Aventine Renewable Energy Holdings, Inc.Lease Agreement • March 16th, 2009 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals
THIS SIXTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY ("Sixth Amendment") is made and entered into this 12th day of February, 2009 by and among the PORTS OF INDIANA, a body corporate and politic existing under the laws of the State of Indiana and formerly known as the Indiana Port Commission (the "Ports"), AVENTINE RENEWABLE ENERGY-MT VERNON, LLC a Delaware Limited Liability Company ("Lessee", and together the "Parties") and AVENTINE RENEWABLE ENERGY HOLDINGS, INC. ("Guarantor").
LEASE AGREEMENTLease Agreement • March 5th, 2007 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Indiana
This Addendum is entered into by and between the Indiana Port Commission (the “State”) and Aventine Renewable Energy-Mt Vernon, LLC (the “Contractor”), and collectively known as the “Parties”. The purpose of this Addendum is to modify, delete, or amend certain terms and conditions set forth in the attached Lease Agreement (“Agreement”). This Addendum and the Agreement are incorporated into each other and, when read together, shall constitute one integrated document. Any inconsistency, conflict, or ambiguity between this Addendum and the Agreement shall be resolved by giving precedence and effect to this Addendum.
LEASEHOLD MORTGAGE, ASSIGNMENT, ASSIGNMENT OF RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT Dated as of March 15, 2010 AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, a Delaware limited liability company Grantor to WILMINGTON TRUST...Non-Disturbance and Attornment Agreement • August 2nd, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Indiana
THIS INSTRUMENT IS A LEASEHOLD MORTGAGE, ASSIGNMENT, ASSIGNMENT OF RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT. THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF INDEBTEDNESS SECURED BY THIS INSTRUMENT AT ANY ONE TIME SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION AND 00/100 DOLLARS ($150,000,000.00).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 30th, 2006 • Aventine Renewable Energy Holdings Inc • Delaware
This Registration Rights Agreement (the “Agreement”) is made as of December , 2005, among Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Corporation”), the Investor Holders and the Management Holders.
ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • June 1st, 2006 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • Illinois
This Ethanol Marketing Agreement ("Agreement") is made and entered into as of the 14th day of October 2002 by and between VeraSun Energy Corporation, a South Dakota corporation ("VERASUN") and Williams Ethanol Services, Inc., a Delaware Corporation DBA Williams Bio-Energy ("WES").
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • August 2nd, 2010 • Aventine Renewable Energy Holdings Inc • Industrial organic chemicals • New York
THIS TRADEMARK SECURITY AGREEMENT (this “Agreement”), dated as of March 15, 2010 is entered into by AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (the “Company”) and certain of its affiliates (collectively, the “Grantors”) and Wilmington Trust FSB, as the Collateral Agent (the “Collateral Agent”) for itself and the Trustee and the Holders. Capitalized terms not otherwise defined herein have the meanings set forth in the Security Agreement dated as of March 15, 2010 among the Grantors and the Collateral Agent (the “Security Agreement”).
