CoBANK, ACB AND AGSTAR FINANCIAL SERVICES, FLCA SECURITY AGREEMENTSecurity Agreement • September 16th, 2014 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Colorado
THIS SECURITY AGREEMENT (the “Security Agreement”) is executed and delivered by HLBE PIPELINE COMPANY, LLC (the “Debtor”), a Minnesota limited liability company, having its place of business (or chief executive office if more than one place of business) located at 91246 390th Avenue, Heron Lake, Minnesota 56137-0077, to CoBANK, ACB, in its capacity as Administrative Agent on behalf of AGSTAR FINANCIAL SERVICES, FLCA and CoBANK, ACB (the “Secured Party”), a federally chartered instrumentality of the United States, whose mailing address is P.O. Box 5110, Denver, Colorado 80217.
DISTILLER’S GRAIN OFF-TAKE AGREEMENT (HERON LAKE, MINNESOTA)Off-Take Agreement • April 24th, 2014 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS DISTILLER’S GRAIN OFF-TAKE AGREEMENT (“Agreement”) is dated as of September 24, 2013, by and between HERON LAKE BIOENERGY LLC a Minnesota limited liability company (“Producer”), and GAVILON INGREDIENTS, LLC, a Delaware limited liability company (“Gavilon”) (each, a “Party”, and collectively, the “Parties”).
CORN OIL MARKETING AGREEMENTCorn Oil Marketing Agreement • April 24th, 2014 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS CORN OIL MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 4th day of September, 2013, and effective as of September 16th, 2013 (the “Effective Date”) by and between RPMG, INC., a Minnesota corporation (“RPMG”) and Heron Lake BioEnergy, LLC, a Minnesota limited liability company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
FIFTH AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 16th, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS FIFTH AMENDED AND RESTATED FORBEARANCE AGREEMENT (the “Agreement”) is made as of the 10th day of May, 2013 (“Effective Date”), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“HLBE”) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (“AgStar”).
THIRD AMENDED AND RESTATED REVOLVING LINE OF CREDIT NOTEHeron Lake BioEnergy, LLC • January 6th, 2011 • Industrial organic chemicals
HERON LAKE BIOENERGY, LLC A Minnesota Limited Liability Company MEMBER CONTROL AGREEMENT (As Amended August 30, 2011) (Contains Restrictions On Transfer Of Interests)Member Control Agreement • September 2nd, 2011 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS MEMBER CONTROL AGREEMENT is hereby adopted and entered into effective as of the Effective Date (as defined below), by the Members (as defined below), pursuant to the provisions of the Act (as defined below), on the terms and conditions set forth herein.
SIXTH AMENDED AND RESTATED GUARANTYGuaranty • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
In consideration of and in order to induce AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality, with its main banking house located in Mankato, Minnesota (the “Lender”), to extend financial accommodations to HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), pursuant to that certain Sixth Amended and Restated Master Loan Agreement dated to be effective as of May 17, 2013 (as amended, modified, supplemented, extended or restated from time to time, the “MLA”), the undersigned (the “Guarantor”), hereby:
CREDIT AGREEMENTCredit Agreement • June 14th, 2018 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Colorado
THIS CREDIT AGREEMENT (this “Agreement”), dated as of MAR 29 2018 is entered into by and between HERON LAKE BIOENERGY, LLC, Heron Lake, Minnesota, a limited liability company (the “Borrower”), and COMPEER FINANCIAL, FLCA and COMPEER FINANCIAL, PCA, each a federally-chartered instrumentality of the United States (collectively, “Lender”).
MANAGEMENT SERVICES AGREEMENT (INDEPENDENT CONTRACTOR AGREEMENT)Management Services Agreement • February 22nd, 2021 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This MANAGEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into to be effective as of the 31st day of July, 2013, by and between Granite Falls Energy, LLC, a Minnesota Limited Liability Company (“GFE”) and Heron Lake BioEnergy, LLC, a Minnesota Limited Liability Company (“Heron”) and is as follows:
SUBSCRIPTION SUPPLEMENT AGREEMENTSubscription Supplement Agreement • September 16th, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Subscription Supplement Agreement (this “Agreement”) is made and entered into as of July 31, 2013 (the “Effective Date”), by and among Heron Lake BioEnergy, LLC (the “Company”), Granite Falls Energy, LLC, a Minnesota limited liability company (“GFE”) and Project Viking, L.L.C., a Minnesota limited liability company (“Project Viking”) (each of the Company, GFE and Project Viking, a “Party” to this Agreement, and collectively, the “Parties”).
SIXTH AMENDED AND RESTATED MASTER LOAN AGREEMENT by and among HERON LAKE BIOENERGY, LLC and AGSTAR FINANCIAL SERVICES, PCA dated to be effective as of May 17, 2013Master Loan Agreement • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SIXTH AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Agreement”), dated to be effective as of May 17, 2013, between AGSTAR FINANCIAL SERVICES, PCA, a United States corporation (“Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”).
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 • August 20th, 2010 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
This AGREEMENT is made as of the 28th day of September in the year of 2005, by and between the following parties, for services in connection with the Project identified below.
FOURTH AMENDED AND RESTATED MASTER LOAN AGREEMENT by and among HERON LAKE BIOENERGY, LLC and AGSTAR FINANCIAL SERVICES, PCA dated as of October 1, 2007Master Loan Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS FOURTH AMENDED AND RESTATED MASTER LOAN AGREEMENT (this “Agreement”), dated as of October 1, 2007, between AGSTAR FINANCIAL SERVICES, PCA, a United States corporation (“Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”).
DISTILLER’S GRAIN MARKETING AGREEMENT’s Grain Marketing Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of October 5th, 2005, by Heron Lake Bio-energy LLC, a Minnesota Limited Liability Corporation (“Seller”), and Commodity Specialists Company, a Delaware Corporation (“Buyer”).
HERON LAKE BIOENERGY, LLC SUBSCRIPTION AGREEMENT INCLUDING INVESTMENT REPRESENTATIONSSubscription Agreement • September 16th, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SUBSCRIPTION AGREEMENT (this “Subscription Agreement”) is entered into and made effective on July 31, 2013, by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company with its principal executive office located at 91246 390th Avenue, P.O. Box 198, Heron Lake, Minnesota 56137 (the “Company”), and Project Viking, L.L.C., a Minnesota limited liability company (“Subscriber”).
ALLONGE No. 4 (to Third Amended and Restated Revolving Line of Credit Note)Heron Lake BioEnergy, LLC • August 5th, 2011 • Industrial organic chemicals
This ALLONGE No. 4 (to Third Amended and Restated Revolving Line of Credit Note) (“Allonge”) is made and entered into as of August 1, 2011, by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”) and AGSTAR FINANCIAL SERVICES, PCA, (the “Lender”).
SECURITY AGREEMENTSecurity Agreement • March 31st, 2015 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SECURITY AGREEMENT, effective March 30, 2015, is made and executed by and between Agrinatural Gas, LLC, a Delaware limited liability company, having its principal place of business at 201 - 10th Street, P.O. Box 216, Heron Lake, Minnesota 56137 ("Grantor") and Heron Lake BioEnergy, LLC, a Minnesota limited liability company, having its principal place of business at 91246 - 390th Ave., Heron Lake, Minnesota 56137 ("Lender").
LOAN AGREEMENT DATED: MARCH 30, 2015Loan Agreement • March 31st, 2015 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Loan Agreement (“Agreement”) is between Agrinatural Gas, LLC, a Delaware Limited Liability Company (hereinafter “Agrinatural”), and Heron Lake BioEnergy, LLC, a Minnesota Limited Liability Company, with an office located in Heron Lake, Minnesota (hereinafter “Heron Lake”).
GUARANTYGuaranty • March 31st, 2015 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
In order to induce Heron Lake BioEnergy, LLC, (hereinafter called "Lender") to make a loan or loans, or renewal or extension thereof, to Agrinatural Gas, LLC (hereinafter called "Debtor"), the Undersigned hereby unconditionally guarantees to Lender, its successors and assigns, the due and punctual payment when due, whether by acceleration or otherwise, in accordance with the terms thereof, twenty-seven percent (27%) of the principal of and interest on and all other sums payable, or stated to be payable, with respect to the note of the Debtor, made by the Debtor to Lender, dated March 30, 2015 in the principal amount of Three Million Five Hundred Thousand and no/100 Dollars ($3,500,000.00) with interest at the rate as indicated in said Negotiable Promissory Note. Such note, and the interest thereon and all other sums payable with respect thereto are hereinafter collectively called "Liabilities." As security for the performance of this guaranty the Undersigned hereby mortgages, pledges,
HERON LAKE BIOENERGY, LLC SUBSCRIPTION AGREEMENT INCLUDING INVESTMENT REPRESENTATIONSSubscription Agreement • May 25th, 2011 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS SUBSCRIPTION AGREEMENT is entered into and made effective on May 19, 2011, by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company with its principal executive office located at 91246 390th Avenue, P.O. Box 198, Heron Lake, Minnesota 56137 (the “Company”), and Project Viking, L.L.C., a Minnesota limited liability company, (“Subscriber”).
SIXTH AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASESSecurity Agreement • July 1st, 2013 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS INDENTURE (hereinafter referred to as the “Mortgage”) made to be effective as of May 17, 2013, by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Mortgagor”), whose mailing address is 201 10th Street, Heron Lake, Minnesota 56137, and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (the “Mortgagee”) whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, MN 56002-4249.
SECOND AMENDED AND RESTATED GUARANTYHeron Lake BioEnergy, LLC • July 1st, 2013 • Industrial organic chemicals • Minnesota
In consideration of and in order to induce AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality, with its main banking house located in Mankato, Minnesota (the “Lender”), to extend financial accommodations to HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), pursuant to that certain Sixth Amended and Restated Master Loan Agreement dated to be effective as of May 17, 2013 (as amended, modified, supplemented, extended or restated from time to time, the “MLA”), the undersigned (the “Guarantor”), hereby:
FIFTH AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • August 5th, 2011 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS FIFTH AMENDMENT TO FORBEARANCE AGREEMENT (this “Amendment”) is made as of August 1, 2011 (the “Effective Date”), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”), and AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality (“Lender”).
FIRST AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • January 6th, 2011 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS FIRST AMENDMENT TO FORBEARANCE AGREEMENT (the “Agreement”) is made as of this 30th day December, 2010 (the “Effective Date”), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”) and AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality (“Lender”).
COBANK, ACB COMPEER FINANCIAL, FLCA AND COMPEER FINANCIAL, PCA AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • June 14th, 2018 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Colorado
THIS AMENDED AND RESTATED SECURITY AGREEMENT (the “Security Agreement”) is executed and delivered by HERON LAKE BIOENERGY, LLC (the “Debtor”), a Minnesota limited liability company, having its place of business (or chief executive office if more than one place of business) and its mailing address at 91246 390th Avenue, Heron Lake, MN 56137 to COBANK, ACB, in its capacity as Administrative Agent on behalf of COMPEER FINANCIAL, FLCA, COMPEER FINANCIAL, PCA and COBANK, ACB (collectively the “Secured Party”), a federally-chartered instrumentality of the United States, whose mailing address is P.O. Box 5110, Denver, CO 80217. This Security Agreement amends, restates, consolidates and supersedes that certain Security Agreement dated as of July 29, 2014 by Heron Lake BioEnergy, LLC, reflecting AgStar Financial Services, FLCA as the secured party.
MERGER AGREEMENTMerger Agreement • March 25th, 2021 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS MERGER AGREEMENT (this "Agreement"), dated effective as of March 24, 2021 (“Effective Date”), sets forth the binding agreement between Granite Falls Energy, LLC, a Minnesota limited liability company ("Buyer"), and Heron Lake BioEnergy, LLC, a Minnesota limited liability company ("Company"), for Buyer’s acquisition of the Company by merger, on the terms and conditions set forth herein. The structure of the acquisition will be by merger of a to-be-formed wholly owned subsidiary of Buyer ("Merger Sub") with and into the Company, with the Company surviving the merger. The merger is referred to as the "Transaction" and Buyer, Merger Sub and the Company are referred to collectively as the "Parties."
VOTING AGREEMENTVoting Agreement • March 25th, 2021 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Voting Agreement (this "Agreement"), dated as of March 24, 2021, is entered into by and among the undersigned governors (each, a "Governor") of Heron Lake BioEnergy, LLC, a Minnesota limited liability company (the "Company"), and Granite Falls Energy, LLC, a Minnesota limited liability company ("Parent"). Parent and Governor are each sometimes referred to herein individually as a "Party" and collectively as the "Parties."
PLAN OF MERGERPlan of Merger • March 25th, 2021 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS PLAN OF MERGER (the “Plan”) is dated as of March 24, 2021, and is by and between GRANITE HERON MERGER SUB, LLC (“Merger Sub”) and HERON LAKE BIOENERGY, LLC (“HLBE”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Merger Agreement (as defined below).
AMENDED AND RESTATED FIFTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • July 9th, 2010 • Heron Lake BioEnergy, LLC • Industrial organic chemicals
THIS FIFTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “Fifth Supplement”), dated as of July 2, 2010, is between AGSTAR FINANCIAL SERVICES, PCA (the “Lender”) and HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (the “Borrower”), and supplements that certain Fourth Amended and Restated Master Loan Agreement, dated October 1, 2007, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
VOTING AGREEMENTVoting Agreement • March 25th, 2021 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Voting Agreement (this "Agreement"), dated as of March 24, 2021, is entered into by and between Granite Falls Energy, LLC, a Minnesota limited liability company ("Member"), and Heron Lake BioEnergy, LLC, a Minnesota limited liability company (the "Company"). Member and the Company are each sometimes referred to herein individually as a "Party" and collectively as the "Parties."
AMENDMENT NO. 4 TO AMENDED AND RESTATED FIFTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • August 5th, 2011 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Amendment No. 4 to Amended and Restated Fifth Supplement to the Master Loan Agreement dated December 30, 2010 (this “Amendment”) is effective as of August 1, 2011, by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”), and AGSTAR FINANCIAL SERVICES, PCA (“Lender”).
ALLONGEHeron Lake BioEnergy, LLC • March 31st, 2015 • Industrial organic chemicals
Agreement, made this 30th day of March, 2015 by and between Heron Lake BioEnergy, LLC, (hereafter referred to as “Heron Lake”) and Agrinatural Gas, LLC (hereafter referred to as “Agrinatural”);
AMENDMENT NO. 6 TO FIFTH SUPPLEMENT TO THE MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • June 3rd, 2010 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Minnesota
This Amendment No. 6 to the Master Loan Agreement (Revolving Line of Credit Loan) (this “Amendment”) is effective as of May 27, 2010, by and between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“Borrower”) and AGSTAR FINANCIAL SERVICES, PCA (“Lender”).
ESCROW AGREEMENTEscrow Agreement • August 22nd, 2008 • Heron Lake BioEnergy, LLC • Industrial organic chemicals • Iowa
This Escrow Agreement (the “Agreement”) is made and entered into effective as of November 16th, 2007, by and between Heron Lake Bio Energy, a Minnesota corporation (the “Company”) and Farmers State Bank of Hartland (the “Escrow Agent”) for the benefit of Interstate Power and Light Company (IPL) (the “Beneficiary”).
TERM REVOLVING NOTEHeron Lake BioEnergy, LLC • August 22nd, 2008 • Industrial organic chemicals
