RECITALSConsulting Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Nebraska
Contract Type FiledMay 27th, 2005 Company Jurisdiction
Lease Agreement Advanced BioEnergy Mueller / Biegert Office Rental June 2, 2005Lease Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
Contract Type FiledAugust 12th, 2005 Company Industry
Exhibit 10.7 (U.S. ENERGY LOGO) ENERGY MANAGEMENT AGREEMENT (Site Development and Operations) The purpose of this Agreement is to set forth the understanding and agreement between U.S. Energy Services, Inc. ("U.S. Energy") and Advanced Bio Energy...Management Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Minnesota
Contract Type FiledMay 27th, 2005 Company Jurisdiction
SECTION 1 BASIC SERVICES OF TRANSYSTEMSAgreement • May 27th, 2005 • Advanced BioEnergy, LLC • Missouri
Contract Type FiledMay 27th, 2005 Company Jurisdiction
Exhibit 10.13 AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 15 day of June, 200__, between ADVANCED BIO ENERGY, FAIRMONT, NEBRASKA ("OWNER") and HDR ENGINEERING, INC., ("ENGINEER") a...Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
Contract Type FiledAugust 12th, 2005 Company Industry
10.00 PER UNITPromissory Note and Security Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
Contract Type FiledAugust 12th, 2005 Company Industry
FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF ADVANCED BIOENERGY, LLC Effective May 11, 2010Operating Agreement • May 13th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledMay 13th, 2010 Company Industry JurisdictionTHIS FOURTH AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of the Effective Date (as hereinafter defined), by and among Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), each of the Persons (as hereinafter defined) who are identified as Members on the Membership Register of the Company and who have executed a counterpart of this Agreement and a Subscription Agreement, and any other Persons as may from time-to-time be subsequently admitted as a Member of the Company in accordance with the terms of this Agreement. Capitalized terms not otherwise defined herein shall have the meaning set forth in Section 1.10.
THIRD AMENDED AND RESTATED OPERATING AGREEMENT OF ADVANCED BIOENERGY, LLC Dated Effective February 1, 2006Operating Agreement • February 10th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledFebruary 10th, 2006 Company Industry JurisdictionTHIS THIRD AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of the Effective Date (as hereinafter defined), by and among Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), each of the Persons (as hereinafter defined) who are identified as Members on the attached Exhibit “A” and who have executed a counterpart of this Agreement and a Subscription Agreement, and any other Persons as may from time-to-time be subsequently admitted as a Member of the Company in accordance with the terms of this Agreement. Capitalized terms not otherwise defined herein shall have the meaning set forth in Section 1.10.
RECITALSEscrow Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
Contract Type FiledAugust 12th, 2005 Company Industry Jurisdiction
LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN ABE NORTHFIELD, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) February 7, 2007License Agreement • August 14th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledAugust 14th, 2007 Company Industry JurisdictionThis LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of February 7, 2007, (the “Effective Date”) by and between ABE Northfield, LLC, a Delaware limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN ADVANCED BIOENERGY, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) March 16, 2006License Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledMay 15th, 2006 Company Industry JurisdictionThis LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of March 16, 2006, (the “Effective Date”) by and between Advanced BioEnergy, LLC, a Delaware Limited Liability Company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”).
MASTER LOAN AGREEMENTMaster Loan Agreement • May 16th, 2011 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
Contract Type FiledMay 16th, 2011 Company Industry JurisdictionTHIS MASTER LOAN AGREEMENT is entered into as of April 7, 2011, between FARM CREDIT SERVICES OF AMERICA. FLCA (“FLCA”). FARM CREDIT SERVICES OF AMERICA. PCA (“PCA”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
ContractLicense Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals
Contract Type FiledMay 15th, 2006 Company IndustryTHIS LICENSE AGREEMENT (this “License Agreement”) is entered into and made effective as of the 13th day of March, 2006 (“Effective Date”) by and between Advanced BioEnergy, LLC, a Delaware Limited Liability Company (“OWNER”), and ICM, Inc., a Kansas corporation (“ICM”).
FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF ADVANCED BIOENERGY, LLC Effective March 16, 2012Operating Agreement • March 22nd, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledMarch 22nd, 2012 Company Industry JurisdictionTHIS FIFTH AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of the Effective Date (as hereinafter defined), by and among Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), each of the Persons (as hereinafter defined) who are identified as Members on the Membership Register of the Company and who have executed a counterpart of this Agreement and a Subscription Agreement, and any other Persons as may from time-to-time be subsequently admitted as a Member of the Company in accordance with the terms of this Agreement. Capitalized terms not otherwise defined herein shall have the meaning set forth in Section 1.10.
OF ADVANCED BIOENERGY, LLC DATED EFFECTIVE MAY 19, 2005 ADVANCED BIOENERGY, LLC AMENDED AND RESTATED OPERATING AGREEMENTOperating Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Delaware
Contract Type FiledMay 27th, 2005 Company Jurisdiction
CONSTRUCTION AND REVOLVING TERM LOAN SUPPLEMENTAdvanced BioEnergy, LLC • November 29th, 2006 • Industrial organic chemicals
Company FiledNovember 29th, 2006 IndustryTHIS SUPPLEMENT to the Master Loan Agreement dated November 20, 2006, (the “MLA”), is entered into as of November 20, 2006, and effective as of June 1, 2007, (the “Effective Date”) between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
SECURITY AGREEMENTSecurity Agreement • January 5th, 2016 • Advanced BioEnergy, LLC • Industrial organic chemicals • North Dakota
Contract Type FiledJanuary 5th, 2016 Company Industry JurisdictionTHIS SECURITY AGREEMENT (the “Agreement”) dated as of December 29, 2015, is between ABE SOUTH DAKOTA, LLC, a Delaware limited liability company (“Borrower”), and AGCOUNTRY FARM CREDIT SERVICES, PCA (“Lender”).
EXCLUSIVE ETHANOL MARKETING AGREEMENT April 7, 2010Exclusive Ethanol Marketing Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Iowa
Contract Type FiledApril 8th, 2010 Company Industry JurisdictionThis EXCLUSIVE ETHANOL MARKETING AGREEMENT (this “Agreement”) is made as of the date first written above, and entered into and effective as of the Effective Date (as hereinafter defined), by and between Hawkeye Gold, LLC, a Delaware limited liability company (“Gold”), and Heartland Grain Fuels, L.P., a South Dakota limited partnership (“Producer”).
CONSTRUCTION AND TERM LOAN SUPPLEMENTConstruction and Term Loan Supplement • November 29th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals
Contract Type FiledNovember 29th, 2006 Company IndustryTHIS SUPPLEMENT to the Master Loan Agreement dated November 20, 2006, (the “MLA”), is entered into as of November 20, 2006, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”).
RECITALSEscrow Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Nebraska
Contract Type FiledMay 27th, 2005 Company Jurisdiction
Advanced BioEnergy, LLC Restricted Unit AgreementRestricted Unit Agreement • November 7th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledNovember 7th, 2006 Company Industry JurisdictionFrom and after June 1, 2006, upon the occurrence of an Event (as defined below), one restricted Unit (“RU”) will be issued under this Agreement for each 1,000 gallons of additional ethanol production or co-production facility acquired or built by the Company on or prior to April 3, 2009 in addition to the Company’s currently proposed facility located near Fairmont, Nebraska, subject to a maximum of 300,000 RUs being issued under this Agreement. The determination of the timing of the acquisition or development by the Company of an additional ethanol production or co-production facility, as well as the number of gallons of ethanol produced or co-produced at such facility, will be determined by the Board or the Committee in its sole discretion. Each of the following constitutes an “Event:”
AMENDMENT TO ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • December 28th, 2011 • Advanced BioEnergy, LLC • Industrial organic chemicals • Iowa
Contract Type FiledDecember 28th, 2011 Company Industry JurisdictionThis AMENDMENT TO ETHANOL MARKETING AGREEMENT (this “Amendment”), dated as of September 30, 2011, is entered into between HAWKEYE GOLD, LLC, a Delaware limited liability company (“Gold”), and ABE SOUTH DAKOTA, LLC (f/k/a Heartland Grain Fuels, LP), a Delaware limited liability company (“ABE”), to be effective as of January 1, 2012 (the “Effective Date”).
ASSET PURCHASE AGREEMENT by and among Glacial Lakes Energy, LLC as Buyer, ABE South Dakota, LLC as Seller and Advanced BioEnergy, LLC as Parent August 1, 2019Asset Purchase Agreement • August 7th, 2019 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledAugust 7th, 2019 Company Industry Jurisdiction
ADVANCED BIOENERGY Richard Peterson AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 17th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledDecember 17th, 2007 Company Industry JurisdictionThis Amended and Restated Employment Agreement (this “Agreement”) is entered into on December 11, 2007 by and between Advanced BioEnergy, LLC, a Delaware limited liability company (the Company”), and Richard Peterson, a resident of Minnesota (“Employee”).
ESCROW AGREEMENTEscrow Agreement • April 30th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledApril 30th, 2007 Company Industry JurisdictionThis Escrow Agreement is made and entered into as of [ ], 2007, between Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), and Fidelity Bank, a Minnesota banking corporation (the “Escrow Agent”).
MULTIPLE ADVANCE TERM LOAN SUPPLEMENTAdvanced BioEnergy, LLC • May 15th, 2012 • Industrial organic chemicals
Company FiledMay 15th, 2012 IndustryTHIS SUPPLEMENT to the Master Loan Agreement dated April 7, 2011 (the “MLA”), is entered into as of April 30, 2012 between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and ABE FAIRMONT, LLC, Fairmont, Nebraska (the “Company”), and amends and restates the Supplement dated December 28, 2011 and numbered RI0340T01F.
PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN ADVANCED BIOENERGY LLC AND FAGEN ENGINEERING, LLC November 4, 2005Engineering Services Agreement • November 8th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledNovember 8th, 2005 Company Industry JurisdictionTHIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the "Agreement") is made as of November 4, 2005, (the "Effective Date") by and between Advanced BioEnergy LLC, a [Indiana] limited liability company (the "Client") and Fagen Engineering, Inc. a Minnesota Limited Liability Company (the "Engineer"). Each of the Owner and Engineer are referred to herein individually as a "Party"and collectively as the "Parties."
VOTING AGREEMENTVoting Agreement • August 7th, 2019 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledAugust 7th, 2019 Company Industry JurisdictionThis VOTING AGREEMENT (this “Agreement”), dated as of August 1, 2019, is entered into between Glacial Lakes Energy, LLC, a South Dakota limited liability company (“Buyer”) and Thomas H. Lee Partners, L.P. (“THL”) and certain funds affiliated with THL set forth on the signature pages hereto (collectively, the “Members”).
CONSENT AND AGREEMENTConsent and Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
Contract Type FiledAugust 14th, 2012 Company Industry JurisdictionThis CONSENT AND AGREEMENT (this “Consent”), dated as of July 31 , 2012, among Gavilon, LLC, a Delaware limited liability company, Gavilon Ingredients, LLC, a Delaware limited liability company (“Gavilon Ingredients” and, together with Gavilon, LLC, the “Consenting Parties”), ABE South Dakota, LLC (f/k/a Heartland Grain Fuels, L.P.), a Delaware limited liability company (the “Borrower”), and Portigon AG, New York Branch (f/k/a WestLB AG, New York Branch), as collateral agent (together with its successors in such capacity, the “Collateral Agent”) for the lenders that are or from time to time may become a party to the Credit Agreement (collectively, the “Lenders”) and for the other senior secured parties referred to in the Credit Agreement.
ADVANCED BIOENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $10.00 per Unit Minimum Investment of 2,500 Units ($25,000) 100 Unit Increments Thereafter ($1,000)Note and Security Agreement • November 7th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
Contract Type FiledNovember 7th, 2005 Company IndustryThe undersigned subscriber, desiring to become a member of Advanced BioEnergy, LLC ("Advanced BioEnergy"), a Delaware limited liability company, with its principal place of business at 137 N. 8th Street, Geneva, Nebraska 68361, hereby subscribes for the purchase of the membership interests of Advanced BioEnergy, and agrees to pay the related purchase price, identified below.
Advanced BioEnergy, LLC Restricted Unit AgreementRestricted Unit Agreement • August 6th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
Contract Type FiledAugust 6th, 2007 Company Industry JurisdictionThis is a Restricted Unit Award Agreement (“Agreement”) between Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), and the above-named holder of restricted units (the “Holder”).
ADMINISTRATIVE AGENCY AGREEMENTAdministrative Agency Agreement • November 29th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Colorado
Contract Type FiledNovember 29th, 2006 Company Industry JurisdictionTHIS ADMINISTRATIVE AGENCY AGREEMENT is entered into as of the 20th day of November, 2006, among FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”), COBANK, ACB (“CoBank”) and ABE FAIRMONT, LLC, Fairmont, Nebraska, a Delaware limited liability company (“Borrower”).
Advanced BioEnergy, LLC Unit Appreciation Right AgreementAdvanced BioEnergy, LLC • August 10th, 2017 • Industrial organic chemicals • Minnesota
Company FiledAugust 10th, 2017 Industry JurisdictionAdvanced BioEnergy, LLC (the “Company”) is pleased to inform you that you have been granted Unit Appreciation Rights (“UARs”) as set forth above (this “Award”). The terms of this Award are as follows:
CREDIT AGREEMENT BY AND BETWEEN HGF ACQUISITION, LLC AND KRUSE INVESTMENT COMPANY, INC FEBRUARY 12, 2007Credit Agreement • August 14th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledAugust 14th, 2007 Company Industry JurisdictionHGF ACQUISITION, LLC, a Delaware limited liability company (the “Borrower”), and KRUSE INVESTMENT COMPANY, INC, a California corporation (the “Lender”), hereby agree as follows:
ADVANCED BIOENERGY Richard Peterson SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 16th, 2011 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
Contract Type FiledMay 16th, 2011 Company Industry JurisdictionThis Second Amended and Restated Employment Agreement (this “Agreement”) is entered into on May 11, 2011 by and between Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), and Richard Peterson, a resident of Minnesota (“Employee”).