SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF CARDINAL ETHANOL, LLC Dated Effective February 1, 2006Operating Agreement • February 10th, 2006 • Cardinal Ethanol LLC • Indiana
THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of February 1, 2006, by and among Cardinal Ethanol, LLC f/k/a Indiana Ethanol, LLC, an Indiana 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.
SECURITY AGREEMENT This Security Agreement (“Agreement”), dated as of January 31, 2024, is between CARDINAL COLWICH, LLC, a Kansas limited liability company (the “Debtor”), and FIRST NATIONAL BANK OF OMAHA, a national banking association (the “Secured...Security Agreement • February 6th, 2024 • Cardinal Ethanol LLC • Industrial organic chemicals
LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN CARDINAL ETHANOL, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) December 14, 2006License Agreement • December 22nd, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of December 14, 2006, (the “Effective Date”) by and between Cardinal Ethanol, LLC, an Indiana limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
GUARANTY January 31, 2024 TO: FIRST NATIONAL BANK OF OMAHA (“Lender”) The undersigned requests Lender to give, and continue to give, Cardinal Ethanol, LLC, an Indiana limited liability company (the “Debtor’’), from time to time as Lender may see fit,...Cardinal Ethanol LLC • February 6th, 2024 • Industrial organic chemicals
SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $5,000.00 per Unit Minimum Investment of 4 Units ($20,000) 1 Unit Increments Thereafter ($5,000)Subscription Agreement • May 12th, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals
The undersigned subscriber, desiring to become a member of Cardinal Ethanol, LLC (“Cardinal Ethanol”), an Indiana limited liability company, with its principal place of business at 2 OMCO Square, Suite 201, Winchester IN 47394, hereby subscribes for the purchase of the membership interests of Cardinal Ethanol, and agrees to pay the related purchase price, identified below.
DISTILLER’S GRAIN MARKETING AGREEMENT’s Grain Marketing Agreement • December 22nd, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana
THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of December 13, 2006, by Cardinal Ethanol LLC., an Indiana Limited Liability Company (“Seller”), and Commodity Specialist Company, a Delaware Corporation (“Buyer”).
FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • November 22nd, 2019 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
THIS FOURTEENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made as of the 28th day of February, 2019 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company (“Borrower”). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement”).
DECLINING REVOLVING CREDIT NOTE $39,000,000 January 31, 2024 For value received, the undersigned, CARDINAL ETHANOL, LLC, an Indiana limited liability company (the “Borrower"), promises to pay to the order of FIRST NATIONAL BANK OF OMAHA (the "Lender";...Cardinal Ethanol LLC • February 6th, 2024 • Industrial organic chemicals
RETENTION AGREEMENTRetention Agreement • March 1st, 2019 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana
THIS RETENTION AGREEMENT (the “Agreement”) is entered into on February 19 , 2019 (the “Effective Date”) by and between Cardinal Ethanol, LLC, an Indiana limited liability company (the “Company”) and Jeremey Herlyn , a resident of the State of Indiana (the “Employee”).
SECURITY AGREEMENT AND ASSIGNMENT OF HEDGING ACCOUNTSCardinal Ethanol LLC • November 22nd, 2019 • Industrial organic chemicals • Nebraska
WHEREAS, the undersigned, CARDINAL ETHANOL, LLC ("Debtor"), whose address is 1554 N. 600 E, Union City, Indiana 47390 carries the account listed above with Marex North America, LLC (“Broker”), as broker, whose address is RCG Division of Marex North America, 216 West Jackson Boulevard, Suite 400, Chicago, Illinois 60606, for trading in hedging and commodities futures contracts; and Debtor is now indebted to FIRST NATIONAL BANK OF OMAHA (the “Secured Party”) under and pursuant to that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Debtor and the Secured Party (as it has been and may be from time to time amended including by that certain Fourteenth Amendment of First Amended and Restated Construction Loan Agreement of even date with this Agreement, the “Loan Agreement”). The Secured Party’s address is 1620 Dodge Street, Stop 1057, Omaha, Nebraska 68197. Capitalized terms not otherwise defined in this Agreement will have the meaning given to such
PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN CARDINAL ETHANOL, LLC AND FAGEN ENGINEERING, LLC December 13, 2005Engineering Services Agreement • February 10th, 2006 • Cardinal Ethanol LLC • Minnesota
THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the “Agreement”) is made as of December 13, 2005, (the “Effective Date”) by and between Cardinal Ethanol, LLC, an Indiana Limited Liability Company (the “Client”) and Fagen Engineering, LLC a Minnesota Limited Liability Company (the “Engineer”). Each of the Client and Engineer are referred to herein individually as a “Party” and collectively as the “Parties.”
THIRD AMENDED AND RESTATED DECLINING REVOLVING CREDIT NOTEDeclining Revolving Credit Note • September 9th, 2016 • Cardinal Ethanol LLC • Industrial organic chemicals
This Third Amended and Restated Declining Revolving Credit Note (the "Note") is the Declining Revolving Credit Note referred to in, is issued pursuant to, and is subject to the terms and conditions of, the First Amended and Restated Construction Loan Agreement, dated June 10, 2013 between the Borrower and the Lender (as the same may be amended, renewed, restated, replaced, consolidated or otherwise modified from time to time (the "Credit Agreement")). To the extent of any conflict between the terms and conditions of this Note and the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall prevail and govern. Capitalized terms used but not defined in this Note have the meanings given to them in the Credit Agreement. This Note amends and restates that certain Second Amended and Restated Declining Revolving Credit Note dated July 23, 2015 executed and delivered by the Borrower in favor of the Lender, but is not a novation thereof.
FIRST AMENDED AND RESTATED SECURITY AGREEMENT AND ASSIGNMENT OF HEDGING ACCOUNTSSecurity Agreement • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
WHEREAS, the undersigned, Cardinal Ethanol, LLC ("Debtor"), whose address is 1554 N. 600 E, Union City, Indiana 47390 carries the accounts listed above with R.J. O'Brien & Associates, LLC (“Broker”), as broker, whose address is 222 S. Riverside Plaza, Chicago, Illinois 60606, for trading in hedging and commodities futures contracts; and Debtor is now indebted to First National Bank of Omaha (the "Secured Party") under that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between the Secured Party, whose address is 1620 Dodge Street, Stop 1050, Omaha, Nebraska 68197, and Debtor (as it may be from time to time amended, the “Loan Agreement”). Capitalized terms not otherwise defined in this Agreement will have the meaning given to such terms in the Loan Agreement. Pursuant to the Loan Agreement, Debtor is obligated to execute and deliver to the Secured Party this First Amended and Restated Security Agreement and Assignment of Hedging Account ("Agreement").
NINTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • November 7th, 2016 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
THIS NINTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made and effective the 1st day of September, 2016 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company (“Borrower”). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement”).
PRIVATE SIDETRACK AGREEMENTPrivate Sidetrack Agreement • May 23rd, 2008 • Cardinal Ethanol LLC • Industrial organic chemicals
THIS AGREEMENT, Made and effective as of April 2, 2008 by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called “Railroad,” and CARDINAL ETHANOL, LLC, a limited liability company of the State of Indiana, whose mailing address is 2 OMCO Square, Suite 201, P. 0. Box 501, Winchester, Indiana 47394, hereinafter called “Industry,” WITNESSETH:
ContractCardinal Ethanol LLC • February 4th, 2021 • Industrial organic chemicals
SIXTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • May 9th, 2016 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
THIS SIXTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made this 28th day of February, 2016 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").
AMENDMENT NO. 1 TO ETHANOL PURCHASE AND SALE AGREEMENT BETWEEN CARDINAL ETHANOL, LLC AND MUREX N.A., LTD. DATED DECEMBER 18, 2006Ethanol Purchase and Sale Agreement • July 7th, 2009 • Cardinal Ethanol LLC • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO the ETHANOL PURCHASE AND SALE AGREEMENT (“Amendment”) is made and entered into as of this 2nd day of July , 2009 by and among Murex N.A., Ltd., a Texas limited partnership (“Murex”), located at 5057 Keller Springs Road, Suite 150, Addison, Texas 75001, and Cardinal Ethanol, LLC, an Indiana limited liability company (“Cardinal”), located at 1554 N. 600 E., Union City, IN 47390.
ELEVENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • December 11th, 2012 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
THIS ELEVENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT ("Amendment") is made this 20th day of November, 2012 between FIRST NATIONAL BANK OF OMAHA, a national bau icing association ("Bank") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain Construction Loan Agreement dated December 19, 2006 between Bank and Borrower (as amended, the "Loan Agreement").
TERMINATION AGREEMENT BETWEEN FIRST NATIONAL BANK OF OMAHA AND CARDINAL ETHANOL, LLC dated as of October 8,2013Termination Agreement • November 27th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals
The parties hereby terminate the interest rate swap transaction ("Swap Transaction"), evidenced by the Confirmation dated as of December 19, 2006, Reference Number 21265, with an initial Notional Amount of $41,500,000.00, executed by the parties, together with their obligations with respect to such Swap Transaction under the ISDA Master Agreement dated as of December 19, 2006 (the "Master Agreement") between them. In consideration of such termination, the following Termination Fee shall be payable.
PROJECT DEVELOPMENT FEE AGREEMENTProject Development Fee Agreement • April 26th, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana
THIS PROJECT DEVELOPMENT FEE AGREEMENT (“Agreement”) is entered into as of this 21st day of April, 2006 (“Effective Date”), by and between Troy Prescott, an individual (“Prescott”), and Cardinal Ethanol, LLC (“Company”), an Indiana limited liability company.
RETENTION AGREEMENTRetention Agreement • March 1st, 2019 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana
THIS RETENTION AGREEMENT (the “Agreement”) is entered into on February 27 , 2019 (the “Effective Date”) by and between Cardinal Ethanol, LLC, an Indiana limited liability company (the “Company”) and Jeffrey Painter , a resident of the State of Indiana (the “Employee”).
REVOLVING CREDIT NOTERevolving Credit Note • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals
This Revolving Credit Note (the "Note") is the Revolving Credit Note referred to in, is issued pursuant to, and is subject to the terms and conditions of, the First Amended and Restated Construction Loan Agreement, dated on or about the date hereof, between the Borrower and the Lender (as the same may be amended, renewed, restated, replaced, consolidated or otherwise modified from time to time (the "Credit Agreement"). To the extent of any conflict between the terms and conditions of this Note and the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall prevail and govern. Capitalized terms used but not defined in this Note have the meanings given to them in the Credit Agreement.
FIRST AMENDED AND RESTATED DECLINING REVOLVING CREDIT NOTE $5,000,000.00 February 27, 2014Declining Revolving Credit Note • May 6th, 2014 • Cardinal Ethanol LLC • Industrial organic chemicals
This First Amended and Restated Declining Revolving Credit Note (the "Note") is the Declining Revolving Credit Note referred to in, is issued pursuant to, and is subject to the terms and conditions of, the First Amended and Restated Construction Loan Agreement, dated June 10, 2013 between the Borrower and the Lender (as the same may be amended, renewed, restated, replaced, consolidated or otherwise modified from time to time (the "Credit Agreement")). To the extent of any conflict between the terms and conditions of this Note and the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall prevail and govern. Capitalized terms used but not defined in this Note have the meanings given to them in the Credit Agreement. This Note amends and restates that certain Declining Revolving Credit Note dated June 10, 2013 executed and delivered by the Borrower in favor of the Lender, but is not a novation thereof.
ENERGY MANAGEMENT AGREEMENT (Site Development and Operations)Management Agreement • February 10th, 2006 • Cardinal Ethanol LLC • Minnesota
The purpose of this Agreement is to set forth the understanding and agreement between U.S. Energy Services, Inc. (“U.S. Energy”) and Cardinal Ethanol (“Client”) related to the provision of energy management services.
MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING CARDINAL COLWICH, LLC, a Kansas limited liability company (Borrower) in favor of FIRST NATIONAL BANK OF OMAHA (Lender) Dated as of: January 31, 2024 Property Encumbered:...Mortgage, Security Agreement • February 6th, 2024 • Cardinal Ethanol LLC • Industrial organic chemicals • Kansas
OPTION TO PURCHASE REAL ESTATEPurchase Real Estate • May 26th, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals
This option made and entered by and between M.J.C.F. Farms, Inc., 2845 York Road, Helena, MT 59602-8820, hereinafter referred to as SELLER, and Cardinal Ethanol, LLC, 2 OMCO Square, P.O. Box 501, Winchester, Indiana 47394, hereinafter referred to as BUYER, WITNESSETH:
OPTION TO PURCHASE REAL ESTATEPurchase Real Estate • April 26th, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals
This option made and entered by and between Douglas R. Stafford and Mary E. Stafford, husband and wife, 4779 South 1150 West, Dunkirk, IN 47336-9441, hereinafter referred to as SELLER, and Cardinal Ethanol, LLC, 2 OMCO Square, P.O. Box 501, Winchester, Indiana 47394, hereinafter referred to as BUYER, WITNESSETH:
DESIGN/BUILD CONSTRUCTION CONTRACT (LUMP SUM COST)Design/Build Construction Contract • December 17th, 2007 • Cardinal Ethanol LLC • Industrial organic chemicals
THIS AGREEMENT, made this 21st day of August, 2007, by and between Hogenson Construction Company, a North Dakota corporation, hereinafter called “Contractor:, and Cardinal Ethanol, LLC, of Winchester, Indiana hereinafter called “Owner”.
CROSS REFERENCE INSTRUMENT NUMBERS 20066145 AND 20132845] FIRST AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENTFixture Financing Statement • August 4th, 2015 • Cardinal Ethanol LLC • Industrial organic chemicals
This FIRST AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (this “Amendment”) is dated as of July 23, 2015, is by and between CARDINAL ETHANOL, LLC (“Mortgagor”), an Indiana limited liability company whose address is 1554 North 600 E, Union City, Indiana 47390 and FIRST NATIONAL BANK OF OMAHA, a national banking association (“Mortgagee”), whose address is 1620 Dodge St., Stop 1029, Omaha, Nebraska 68197, Attention: Brad Brummund and amends that certain First Amended and Restated Construction Loan Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated June 10, 2013 (as amended, the "Mortgage") to and for the benefit of Mortgagee, encumbering certain property in Randolph County, Indiana legally described on Exhibit A attached hereto and made a part hereof, which Mortgage was recorded with the Randolph County Recorder on June 11, 2013 as Instru
RAILROAD CONSTRUCTION CONTRACTRailroad Construction Contract • August 3rd, 2007 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana
This Railroad Construction Contract (the “Agreement”) is made and entered into as of the 13th day of July, 2007 by the Owner and Contractor, as identified above, who hereby agree as follows:
CROSS REFERENCE INSTRUMENT NUMBERS 20066145 and 20132845] THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENTFixture Financing Statement • May 8th, 2017 • Cardinal Ethanol LLC • Industrial organic chemicals
This THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (this “Amendment”) is dated as of February 28, 2017, is by and between CARDINAL ETHANOL, LLC (“Mortgagor”), an Indiana limited liability company whose address is 1554 North 600 E, Union City, Indiana 47390 and FIRST NATIONAL BANK OF OMAHA, a national banking association (“Mortgagee”), whose address is 1620 Dodge St., Stop 1029, Omaha, Nebraska 68197, Attention: Brad Brummund and amends that certain First Amended and Restated Construction Loan Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated June 10, 2013 (as amended, the "Mortgage") to and for the benefit of Mortgagee, encumbering certain property in Randolph County, Indiana legally described on Exhibit A attached hereto and made a part hereof, which Mortgage was recorded with the Randolph County Recorder on June 11, 2013 as In
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • December 22nd, 2006 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
This Construction Loan Agreement (the “AGREEMENT”) is dated as of the 19th day of December, 2006, and is by and between CARDINAL ETHANOL, LLC, an Indiana limited liability company (“BORROWER”), and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association headquartered at Omaha, Nebraska.
TRICANTER PURCHASE AND INSTALLATION AGREEMENTTricanter Purchase and Installation Agreement • August 14th, 2008 • Cardinal Ethanol LLC • Industrial organic chemicals • Kansas
THIS TRICANTER PURCHASE AND INSTALLATION AGREEMENT (“Agreement”) is made and entered into on this 27th day of June, 2008, by and between ICM, Inc., a Kansas corporation (“Seller”) and Cardinal Ethanol, LLC, a(n) Indiana limited liability company (“Buyer”).
AMENDMENT NO. 4 TO ETHANOL PURCHASE AND SALE AGREEMENT BETWEEN CARDINAL ETHANOL, LLC AND MUREX N.A., LTD. DATED DECEMBER 18, 2006Ethanol Purchase and Sale Agreement • September 16th, 2022 • Cardinal Ethanol LLC • Industrial organic chemicals
THIS AMENDMENT NO. 4 TO the ETHANOL PURCHASE AND SALE AGREEMENT (“Amendment”) is made and entered into as of this 9th day of September, 2022 (the “Signing Date”) by and between Murex LLC, a Texas limited liability company (“Murex”), (successor in interest to Murex N.A., Ltd.), located at 7160 North Dallas Parkway, Suite 300, Plano, Texas 75024, and Cardinal Ethanol, LLC, an Indiana limited liability company (“Cardinal”), located at 1554 N. 600 E., Union City, IN 47390.
