INDEMNITY AGREEMENTIndemnity Agreement • September 6th, 2006 • Ethanex Energy, Inc. • Metal mining • Nevada
This INDEMNITY AGREEMENT (the “Agreement”) is dated as of , 2006 and is made by and between Ethanex Energy, Inc. a Nevada corporation (the “Company”), and , an officer or director of the Company (the “Indemnitee”).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION AMONG ETHANEX ENERGY, INC. (f/k/a New Inverness Explorations, Inc.), ETHANEX NORTH AMERICA ACQUISITION CORP. AND ETHANEX ENERGY NORTH AMERICA, INC. September 1, 2006Agreement and Plan of Merger and Reorganization • September 6th, 2006 • Ethanex Energy, Inc. • Metal mining • New York
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of September 1, 2006, by and among Ethanex Energy, Inc. (formerly known as New Inverness Explorations, Inc.), a Nevada corporation (the “Parent”), Ethanex North America Acquisition Corp., a Delaware corporation (the “Acquisition Subsidiary”) and Ethanex Energy North America, Inc., a Delaware corporation (the “Company”). The Parent, the Acquisition Subsidiary and the Company are each a “Party” and referred to collectively herein as the “Parties.”
EMPLOYMENT AGREEMENTEmployment Agreement • October 24th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of September 01, 2007 (the “Effective Date”), between Ethanex Energy, Inc. (the “Company”), and Alan H. Belcher, an individual (the “Executive”).
SPLIT-OFF AGREEMENTSplit-Off Agreement • September 6th, 2006 • Ethanex Energy, Inc. • Metal mining • New York
SPLIT-OFF AGREEMENT, dated as of this 1st day of September 2006 (this “Agreement”), by and among Ethanex Energy, Inc. (f/k/a New Inverness Explorations, Inc.), a Nevada corporation (“Seller”), Amanda Lamothe (“Lamothe”), Luke Willis (“Willis”) (Lamothe and Willis are collectively referred to as “Buyer”), New Inverness Leaseco, Inc., a Nevada corporation (“Leaseco”), and Ethanex Energy North America, Inc., a Delaware corporation (“EENA”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 6th, 2006 • Ethanex Energy, Inc. • Metal mining • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of this 3rd day of August, 2006 (the “Effective Date”) by and among Ethanex Energy North America, Inc. (f/k/a Armistead Energy, Inc.), a Delaware corporation (the “Company”), and the parties set forth on the signature page and Exhibit A hereto (each, a “Purchaser” and collectively, the “Purchasers”).
ETHANEX ENERGY, INC STOCK OPTION AGREEMENTStock Option Agreement • December 6th, 2006 • Ethanex Energy, Inc. • Industrial organic chemicals • New York
This Stock Option Agreement (the “Agreement”) is entered into effective as of the date of grant set forth below (the “Date of Grant”) by and between ETHANEX ENERGY, INC. (the “Company”) and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company’s 2006 Equity Incentive Plan (the “Plan”).
OPERATING AGREEMENT OF ETHANEX SOUTHERN ILLINOIS, LLC DATED: September 20, 2006Operating Agreement • September 21st, 2006 • Ethanex Energy, Inc. • Metal mining
THIS OPERATING AGREEMENT (the “Agreement”), dated this 20th day of September 2006, is adopted by and between all Members listed in Exhibit A to this Agreement, and Ethanex Southern Illinois, LLC, an Illinois limited liability company (the “Company”).
FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 7th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • New York
THIS FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), dated as of May 4, 2007, by and among Ethanex Energy, Inc., a Nevada corporation (the “Company”), and the other parties who are signatories hereto.
FIFTH AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • February 6th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS FIFTH AMENDMENT TO JOINT VENTURE AGREEMENT (the “Fifth Amendment”) is made and entered into effective as of January 30, 2007, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
JOINT VENTURE AGREEMENTJoint Venture Agreement • November 15th, 2006 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS JOINT VENTURE AGREEMENT (the “JV Agreement“) is made and entered into effective as of August 4, 2006, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”). SEMO and Ethanex shall be referred to individually as a “Party” and collectively as the “Parties.”
THIRD AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • November 28th, 2006 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS THIRD AMENDMENT TO JOINT VENTURE AGREEMENT (the “Third Amendment”) is made and entered into effective as of November 22, 2006, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
FIRST AMENDMENT TO THE ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 12th, 2008 • Ethanex Energy, Inc. • Industrial organic chemicals • Delaware
THIS FIRST AMENDMENT (“Amendment”), dated as of March 11, 2008 with an effective date as of March 10, 2008 (the “Effective Date”), is made to that certain Asset Purchase Agreement, dated February 10, 2008 (the “Agreement”), by MIDWEST RENEWABLE ENERGY, LLC, a Nebraska limited liability company (“Seller”), ETHANEX ENERGY, INC., a Nevada corporation (“Ethanex”), Ethanex Sutherland Land, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“RE LLC”), Ethanex Sutherland, LLC, a Delaware limited liability company that is wholly owned by Ethanex (“Ethanex Sutherland”), Ethanex Phase I, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase I Buyer”), Ethanex Phase II, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase II Buyer”), and Ethanex Phase III, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase III Buyer,” and together with Phase I
AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • November 28th, 2006 • Ethanex Energy, Inc. • Industrial organic chemicals
THIS AMENDMENT TO JOINT VENTURE AGREEMENT (the “Amendment”) is effective as of the 30th day of August, 2006, by and between Ethanex Energy North America, Inc. (“Ethanex”), and SEMO Milling, LLC (“SEMO”).
SECOND AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • November 28th, 2006 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS SECOND AMENDMENT TO JOINT VENTURE AGREEMENT (the “Second Amendment”) is made and entered into effective as of November 20, 2006, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
TERMINATION AGREEMENTTermination Agreement • March 27th, 2008 • Ethanex Energy, Inc. • Industrial organic chemicals
This Agreement, dated as of March 25, 2008, is made by and between Ethanex Energy, Inc., a Nevada corporation (“Ethanex”), and Bühler Inc., a Minnesota corporation (“Bühler”). Ethanex and Bühler hereby agree as follows:
SIXTH AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • February 20th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS SIXTH AMENDMENT TO JOINT VENTURE AGREEMENT (the “Sixth Amendment”) is made and entered into effective as of February 9, 2007, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
EIGHTH AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • March 7th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS EIGHTH AMENDMENT TO JOINT VENTURE AGREEMENT (the “Eighth Amendment”), dated as of March 6, 2007, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
CLEAR LAKE PROPERTY OPTION AGREEMENTClear Lake Property Option Agreement • November 18th, 2005 • New Inverness Explorations, Inc. • Ontario
NEW INVERNESS EXPLORATIONS, INC, a body corporate, duly incorporated under the laws of the State of Nevada and having its head office at 18 Patricia St., Pickle Lake, Ontario, P0V 3A0;
JOINT VENTURE AGREEMENTJoint Venture Agreement • September 21st, 2006 • Ethanex Energy, Inc. • Metal mining • Illinois
THIS JOINT VENTURE AGREEMENT (the “JV Agreement“) is made and entered into effective as of September 17, 2006 (the “Effective Date”), by and between Star Ethanol, LLC, an Illinois limited liability company (“Star”), and Ethanex Energy, Inc., a Nevada corporation (“Ethanex”). Ethanex and Star shall be referred to individually as a “Party” and collectively as the “Parties.”
SEVENTH AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • February 20th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS SEVENTH AMENDMENT TO JOINT VENTURE AGREEMENT (the “Seventh Amendment”) is made and entered into effective as of February 16, 2007, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
ASSET PURCHASE AGREEMENT BY AND AMONG MIDWEST RENEWABLE ENERGY, LLC, ETHANEX PHASE I, LLC, ETHANEX PHASE II, LLC, ETHANEX PHASE III, LLC ETHANEX SUTHERLAND LAND, LLC, ETHANEX SUTHERLAND, LLC AND ETHANEX ENERGY, INC. Dated as of February 10, 2008Asset Purchase Agreement • February 14th, 2008 • Ethanex Energy, Inc. • Industrial organic chemicals • Delaware
THIS ASSET PURCHASE AGREEMENT (“Agreement”) is made as of February 10, 2008, by and among MIDWEST RENEWABLE ENERGY, LLC, a Nebraska limited liability company (“Seller”), ETHANEX ENERGY, INC., a Nevada corporation (“Ethanex”), Ethanex Sutherland Land, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“RE LLC”), Ethanex Sutherland, LLC, a Delaware limited liability company that is wholly owned by Ethanex (“Ethanex Sutherland”), Ethanex Phase I, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase I Buyer”), Ethanex Phase II, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase II Buyer”), and Ethanex Phase III, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase III Buyer,” and together with Phase I Buyer, Phase II Buyer and RE LLC, “Buyers” or the “Buyer Group”).
NINTH AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • March 29th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS NINTH AMENDMENT TO JOINT VENTURE AGREEMENT (the “Ninth Amendment”), dated as of March 23, 2007, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
FOURTH AMENDMENT TO JOINT VENTURE AGREEMENTJoint Venture Agreement • February 6th, 2007 • Ethanex Energy, Inc. • Industrial organic chemicals • Missouri
THIS FOURTH AMENDMENT TO JOINT VENTURE AGREEMENT (the “Fourth Amendment”) is made and entered into effective as of December 8, 2006, by and between SEMO Milling, LLC, a Missouri limited liability company (“SEMO”), and Ethanex Energy North America, Inc., a Delaware corporation (“Ethanex”).
ETHANEX ENERGY, INC. 14500 Parallel Road, Suite A Basehor, KS 66007 March 23, 2008Ethanex Energy, Inc. • March 24th, 2008 • Industrial organic chemicals
Ethanex Energy, Inc. Omnibus Equity Incentive Plan Restricted Stock AgreementRestricted Stock Agreement • December 6th, 2006 • Ethanex Energy, Inc. • Industrial organic chemicals • New York
This Restricted Stock Agreement (the “Agreement”) is entered into effective as of the date of grant set forth below (the “Date of Grant”) by and between ETHANEX ENERGY, INC. (the “Company”) and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company’s Omnibus Equity Incentive Plan (the “Plan”).
