Advanced BioEnergy, LLC Sample Contracts

RECITALS
Consulting Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Nebraska
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Lease Agreement Advanced BioEnergy Mueller / Biegert Office Rental June 2, 2005
Lease Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
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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
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SECTION 1 BASIC SERVICES OF TRANSYSTEMS
Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Missouri
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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
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10.00 PER UNIT
Promissory Note and Security Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
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FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF ADVANCED BIOENERGY, LLC Effective May 11, 2010
Operating Agreement • May 13th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

THIS 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.

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THIRD AMENDED AND RESTATED OPERATING AGREEMENT OF ADVANCED BIOENERGY, LLC Dated Effective February 1, 2006
Operating Agreement • February 10th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

THIS 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.

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RECITALS
Escrow Agreement • August 12th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
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LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN ABE NORTHFIELD, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) February 7, 2007
License Agreement • August 14th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

This 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”).

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LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN ADVANCED BIOENERGY, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) March 16, 2006
License Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

This 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”).

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MASTER LOAN AGREEMENT
Master Loan Agreement • May 16th, 2011 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska

THIS 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”).

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Contract
License Agreement • May 15th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals

THIS 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”).

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FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF ADVANCED BIOENERGY, LLC Effective March 16, 2012
Operating Agreement • March 22nd, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

THIS 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.

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OF ADVANCED BIOENERGY, LLC DATED EFFECTIVE MAY 19, 2005 ADVANCED BIOENERGY, LLC AMENDED AND RESTATED OPERATING AGREEMENT
Operating Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Delaware
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CONSTRUCTION AND REVOLVING TERM LOAN SUPPLEMENT
Advanced BioEnergy, LLC • November 29th, 2006 • Industrial organic chemicals

THIS 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”).

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SECURITY AGREEMENT
Security Agreement • January 5th, 2016 • Advanced BioEnergy, LLC • Industrial organic chemicals • North Dakota

THIS 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”).

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EXCLUSIVE ETHANOL MARKETING AGREEMENT April 7, 2010
Exclusive Ethanol Marketing Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Iowa

This 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”).

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CONSTRUCTION AND TERM LOAN SUPPLEMENT
Construction and Term Loan Supplement • November 29th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals

THIS 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”).

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RECITALS
Escrow Agreement • May 27th, 2005 • Advanced BioEnergy, LLC • Nebraska
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Advanced BioEnergy, LLC Restricted Unit Agreement
Restricted Unit Agreement • November 7th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

From 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:”

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AMENDMENT TO ETHANOL MARKETING AGREEMENT
Ethanol Marketing Agreement • December 28th, 2011 • Advanced BioEnergy, LLC • Industrial organic chemicals • Iowa

This 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”).

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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, 2019
Asset Purchase Agreement • August 7th, 2019 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
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ADVANCED BIOENERGY Richard Peterson AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • December 17th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

This 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”).

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ESCROW AGREEMENT
Escrow Agreement • April 30th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

This 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”).

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PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN ADVANCED BIOENERGY LLC AND FAGEN ENGINEERING, LLC November 4, 2005
Engineering Services Agreement • November 8th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

THIS 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."

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VOTING AGREEMENT
Voting Agreement • August 7th, 2019 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

This 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”).

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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

The 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.

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Advanced BioEnergy, LLC Restricted Unit Agreement
Restricted Unit Agreement • August 6th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

This 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”).

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ADMINISTRATIVE AGENCY AGREEMENT
Administrative Agency Agreement • November 29th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Colorado

THIS 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”).

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Advanced BioEnergy, LLC Unit Appreciation Right Agreement
Advanced BioEnergy, LLC • August 10th, 2017 • Industrial organic chemicals • Minnesota

Advanced 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:

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CREDIT AGREEMENT BY AND BETWEEN HGF ACQUISITION, LLC AND KRUSE INVESTMENT COMPANY, INC FEBRUARY 12, 2007
Credit Agreement • August 14th, 2007 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

HGF ACQUISITION, LLC, a Delaware limited liability company (the “Borrower”), and KRUSE INVESTMENT COMPANY, INC, a California corporation (the “Lender”), hereby agree as follows:

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ADVANCED BIOENERGY Richard Peterson SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • May 16th, 2011 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota

This 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”).

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August 23, 2013
Letter Agreement • January 14th, 2014 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York

Reference is hereby made to that certain Amended and Restated Senior Credit Agreement, dated as of June 16, 2010 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among ABE South Dakota, LLC (f/k/a Heartland Grain Fuels, L.P.), as Borrower (the “Borrower”), each of the Lenders from time to time party thereto, Wilmington Trust, National Association, as successor to Portigon AG, New York Branch in its capacity as administrative agent for the Lenders (the “Administrative Agent”) and Wilmington Trust, National Association, as successor to Portigon AG, New York Branch in its capacity as collateral agent for the Senior Secured Parties (the “Collateral Agent”). Capitalized terms used herein but not otherwise defined herein shall have the respective meanings set forth in the Credit Agreement.

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AMENDMENT NO. 3 TO VOTING AGREEMENT
Voting Agreement • February 12th, 2016 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware

This AMENDMENT NO. 3 TO VOTING AGREEMENT (this “Amendment”) is made and entered into as of this 11 day of February, 2016, by and among Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), Clean Energy Capital, LLC, a Delaware limited liability company (“CEC”), Hawkeye Energy Holdings, LLC, a Delaware limited liability company (“Hawkeye”), Ethanol Capital Partners, L.P., Series J, a Delaware limited partnership (“Series J”), Ethanol Capital Partners, L.P., Series L, a Delaware limited partnership (“Series L”), Ethanol Capital Partners, L.P., Series N, a Delaware limited partnership (“Series N”), Ethanol Capital Partners, L.P., Series O, a Delaware limited partnership (“Series O”), Ethanol Capital Partners, L.P., Series P, a Delaware limited partnership (“Series P”), Ethanol Capital Partners, L.P., Series Q, a Delaware limited partnership (“Series Q”), Ethanol Capital Partners, Series R, L.P., a Delaware limited partnership (“Series R”), Ethanol Capital Partners

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