COLLATERAL ASSIGNMENT Letter of Commitment and Intent and Bateman Guarantee THIS COLLATERAL ASSIGNMENT ("Assignment"), is made as of __________, 2008, by NEDAK ETHANOL, LLC, a Nebraska limited liability company ("Borrower"), and AGCOUNTRY FARM CREDIT...Nedak Ethanol, LLC • April 15th, 2008 • Industrial organic chemicals
RECITALSEscrow Agreement • June 15th, 2006 • Nedak Ethanol, LLC • Industrial organic chemicals • South Dakota
Execution Version Loan Agreement by and between Arbor Bank, as Lead Lender and NEDAK Ethanol, LLC, a Nebraska limited liability company, as Borrower Dated as of June 19, 2007 Table of ContentsLoan Agreement • June 25th, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
DELTA-T CORPORATION CONFIDENTIAL INFORMATION PHASE 2 COOPERATION AGREEMENT BETWEEN NEDAK ETHANOL, LLC AND DELTA-T CORPORATIONAgreement • February 8th, 2006 • Nedak Ethanol, LLC • Industrial organic chemicals • Virginia
SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF NEDAK ETHANOL, LLC Effective July 18, 2007 SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF NEDAK ETHANOL, LLCOperating Agreement • February 26th, 2008 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
CONTROL AGREEMENT (Cash as Collateral) This Control Agreement (the "Agreement") is dated as of ______________ 2008, by and among AgCountry Farm Credit Services, FCA ("Secured Party"), NEDAK Ethanol, LLC ("Pledgor"), and Jerome Fagerland ("Custodian")....Control Agreement • April 15th, 2008 • Nedak Ethanol, LLC • Industrial organic chemicals • North Dakota
EXECUTION COPY MARKETING AGREEMENT --------------------------------------- ---------------------------------------- NEDAK Ethanol, LLC Distillers Grain Services LLC 87590 Hillcrest Road, PO Box 391 86419 533rd Ave Atkinson, NE 68713 Plainview, NE...Execution Copy • February 21st, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
Exhibit 10(i).12 June 15, 2006 Jeff Leiswell NEDAK, LLC PO Box 87590 Hillcrest Road Atkinson, NE 68713 Re: Negotiated Rate Agreement for Distribution Transportation Service Dear Mr. Leiswell: Kinder Morgan Inc., Retail Distribution Division, ("KMI")...Facility Agreement • April 2nd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals
Kinder Morgan Inc., Retail Distribution Division, ("KMI") has reviewed your verbal request for natural gas distribution transportation service to be provided at the date of startup of the new Ethanol Plant, to be located in or near Atkinson, Nebraska. Pursuant to our conversation, KMI shall provide NEDAK LLC ("Customer") with natural gas distribution transportation service under the following terms:
Recitals:Security Agreement • February 21st, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals
Return to: Michelle Mapes, Esq. Husch Blackwell Sanders LLP 1620 Dodge Street, Suite 2100 Omaha, NE 68102 DEED OF TRUST THIS DEED OF TRUST ("Deed of Trust"), is made this _____ day of April, 2008, by and among NEDAK Ethanol, LLC, ("Trustor" also known...Nedak Ethanol, LLC • April 15th, 2008 • Industrial organic chemicals • Nebraska
THIS DEED OF TRUST ("Deed of Trust"), is made this _____ day of April, 2008, by and among NEDAK Ethanol, LLC, ("Trustor" also known as "Borrower"), a Nebraska limited liability company, whose mailing address is PO Box #391, Atkinson, NE 68713, Lawyers Title Insurance Corporation, a Nebraska corporation ("Trustee"), whose mailing address is 10 South LaSalle Street, Suite 2500, Chicago, IL 60603, and Delta T Corporation ("Beneficiary" also known as "Lender"), a Virginia corporation whose mailing address is 133 Waller Mill Road, Williamsburg, VA 23185.
RECITALSGround Lease • April 2nd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
Exhibit 10.2 *PORTIONS OF THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION SERVICES FIXED PRICE CONTRACT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION....Non-Disclosure Agreement • December 4th, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Virginia
*PORTIONS OF THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION SERVICES FIXED PRICE CONTRACT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
EXHIBIT 10.1 TRANSPORTATION AGREEMENT THIS AGREEMENT is entered into this 19th Day of July, 2007, (the "Effective Date") by and between NEDAK Ethanol LLC. ("Shipper") and Western Oil Trans Inc. ("Carrier"), in consideration of the mutual covenants and...Transportation Agreement • July 25th, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
RECITALS:Execution Version • June 25th, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
THIRD SUPPLEMENT AND FORBEARANCE TO THE MASTER CREDIT AGREEMENTMaster Credit Agreement • April 15th, 2008 • Nedak Ethanol, LLC • Industrial organic chemicals • North Dakota
ARTICLE I SCOPE OF AGREEMENTTransportation Service Agreement • February 21st, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals
PRECEDENT AGREEMENT BETWEEN KINDER MORGAN INTERSTATE GAS TRANSMISSION LLC AND NEDAK ETHANOL LLCPrecedent Agreement • November 2nd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Colorado
This Precedent Agreement ("Precedent Agreement") is made and entered into this 27th day of September, 2007, between Kinder Morgan Interstate Gas Transmission LLC ("Transporter"), a Colorado limited liability company, and Nedak Ethanol LLC ("Shipper"). Each of Transporter and Shipper are sometimes referred to herein individually as a "Party" and collectively as the "Parties."
PROJECT DEVELOPMENT AGREEMENT BETWEEN NEDAK ETHANOL, LLC AND DELTA-T CORPORATIONProject Development Agreement • December 15th, 2005 • Nedak Ethanol, LLC • Nebraska
THIS AGREEMENT is entered into and becomes effective as of the 8th day of March, 2005, by and between Delta-T Corporation, a corporation organized and operating under the laws of the Commonwealth of Virginia, USA located at 323 Alexander Lee Parkway, Williamsburg, Virginia 23185 ("DTC"), and NEDAK Ethanol, LLC, a company organized and operating under the laws of Nebraska located at 118 East State Street, Atkinson, Nebraska 68713 ("Client" or "Owner"), which parties may be referred to individually as a "Party" or jointly as the "Parties."
CORNERSTONE ENERGY BASE AGREEMENTBase Agreement • June 5th, 2006 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
AMENDED and RESTATED OPERATING AGREEMENTOperating Agreement • July 23rd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF NEDAK ETHANOL, LLCOperating Agreement • July 23rd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
PROMISSORY NOTEPromissory Note • June 25th, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals
ETHANOL MARKETING CONTRACT THIS AGREEMENT is entered into by and among Eco- Energy, Inc. (hereinafter "Eco") a Tennessee Corporation with its main office located at 730 Cool Springs Blvd, Suite 130, Franklin, Tennessee 37067, and NEDAK Ethanol, LLC,...Ethanol Marketing Contract • February 21st, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF NEDAK ETHANOL, LLC Effective January 1, 2012Operating Agreement • January 24th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
THIS FIFTH AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 1st day of January, 2012, by NEDAK Ethanol, LLC, a Nebraska limited liability company (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
AMENDMENT NUMBER THREE TO ENGINEERING, PROCUREMENT AND CONSTRUCTION SERVICES FIXED PRICE CONTRACTAnd Construction Services Fixed Price Contract • September 4th, 2009 • Nedak Ethanol, LLC • Industrial organic chemicals
Delta-T Corporation, a Virginia corporation (“Delta-T”) and NEDAK Ethanol, LLC, a Nebraska limited liability company (“NEDAK”) agree to amend the EPC Contract (as hereinafter defined).
Loan Agreement by and between Arbor Bank, as Lead Lender and NEDAK Ethanol, LLC, a Nebraska limited liability company, as Borrower Dated as of June 19, 2007Loan Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
Index (average for the prior month) plus 475 basis points for the applicable five-year period. The interest rate on the Second Reset Date shall be equal to the 5-year U.S. Treasury Constant Maturity Index (average for the prior month) plus 475 basis points for the remainder of the term of the Loan.
SIXTH SUPPLEMENT AND FORBEARANCE AGREEMENT TO THE MASTER CREDIT AGREEMENTMaster Credit Agreement • August 13th, 2010 • Nedak Ethanol, LLC • Industrial organic chemicals • North Dakota
THIS SIXTH SUPPLEMENT AND FORBEARANCE AGREEMENT TO MASTER CREDIT AGREEMENT (“Sixth Supplement”) is made and entered into as of the 30th day of July, 2010 (“Effective Date”) by and among NEDAK ETHANOL, LLC, a Nebraska limited liability company (“Borrower”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (formerly Farm Credit Services of Grand Forks, FLCA) (“Lender”).
EMPLOYMENT AGREEMENT FOR PRESIDENT AND GENERAL MANAGER JEROME A. FAGERLANDEmployment Agreement for President • November 2nd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN DELTA T CORPORATION, BATEMAN ENGINEERING INC., BATEMAN-LITWIN N.V. AND NEDAK ETHANOL, LLCSettlement Agreement and Mutual • March 24th, 2010 • Nedak Ethanol, LLC • Industrial organic chemicals
This Settlement Agreement and Mutual Release (“Agreement”) is entered into as of March 15, 2010 between Delta-T Corporation (“Delta-T”), its parent, and any subsidiary and affiliated companies including but not limited to Bateman Engineering Inc. and Bateman-Litwin N.V. (collectively “Bateman”), and NEDAK Ethanol LLC, its parent, and any subsidiary and affiliated companies (“NEDAK”) (hereinafter collectively referred to as “the Parties”).
SECOND AMENDMENT TO FORBEARANCE AND STANDSTILL AGREEMENTForbearance and Standstill Agreement • November 14th, 2011 • Nedak Ethanol, LLC • Industrial organic chemicals
THIS SECOND AMENDMENT TO FORBEARANCE AND STANDSTILL AGREEMENT (this “Amendment”), dated effective as of October 31, 2011, is entered into by and among NEDAK Ethanol, LLC, a Nebraska limited liability company (the “Borrower”) and Arbor Bank, a Nebraska banking corporation (the “Lead Lender”).
SECOND LETTER OF COMMITMENT AND INTENTNedak Ethanol, LLC • August 6th, 2008 • Industrial organic chemicals
ASSIGNMENT OF ASSET MANAGEMENT AGREEMENTAssignment of Asset Management Agreement • March 30th, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals
This ASSIGNMENT OF ASSET MANAGEMENT AGREEMENT (“Assignment”) is made this 31st day of December, 2011, by and between NEDAK ETHANOL, LLC, a Nebraska limited liability company (“Assignor”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (formerly Farm Credit Services of Grand Forks, FLCA) (“Lender”).
Exhibit 10(i).14 TRANSPORTATION SERVICE AGREEMENT ON TRANSPORTER'S DISTRIBUTION SYSTEM (APPLICABLE TO NEBRASKA CUSTOMERS WITH USAGE OF 500 THERMS PER DAY OR MORE) This Transportation Service Agreement ("Agreement") is made and entered into between...Transportation Service Agreement • April 2nd, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals • Nebraska
COLLATERAL MAINTENANCE AND PRESERVATION AGREEMENTCollateral Maintenance and Preservation Agreement • August 22nd, 2012 • Nedak Ethanol, LLC • Industrial organic chemicals • North Dakota
THIS COLLATERAL MAINTENANCE AND PRESERVATION AGREEMENT (“Agreement”) is made and effective as of the 1st day of August, 2012 (“Effective Date”) by and among NEDAK ETHANOL, LLC, a Nebraska limited liability company (“Borrower”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (formerly Farm Credit Services of Grand Forks, FLCA) (“Lender”). Capitalized terms that are not defined in this Agreement shall have the meaning ascribed to the terms in the other Loan Documents (as defined below) unless the context requires otherwise.
Contract No. __________________ THE NEBRASKA GAME AND PARKS COMMISSION NEDAK TRACK LEASE AGREEMENT THIS TRACK LEASE AGREEMENT ("Agreement") made as of this 19th day of June, 2007 ("Effective Date"), by and between THE NEBRASKA GAME AND PARKS...Nebraska Game and Parks Commission Nedak Track Lease Agreement • June 25th, 2007 • Nedak Ethanol, LLC • Industrial organic chemicals
THIS TRACK LEASE AGREEMENT ("Agreement") made as of this 19th day of June, 2007 ("Effective Date"), by and between THE NEBRASKA GAME AND PARKS COMMISSION, a State Agency (hereinafter called "NGPC"), and NEDAK ETHANOL, LLC, a Nebraska limited liability company (hereinafter called "NEDAK").
