RIGHTS AGREEMENTRights Agreement • January 25th, 2016 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Nevada
RIGHTS AGREEMENT, dated as of January 24, 2016, (this “Agreement”), by and between Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”), and Interwest Transfer Company, Inc. a Utah corporation, as rights agent (the “Rights Agent”);
DAKOTA PLAINS HOLDINGS, INC. DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTDirector and Officer Indemnification Agreement • June 18th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Nevada
This Director and Officer Indemnification Agreement, dated as of June 12, 2014 (this “Agreement”), is made by and between Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”), and _______________ (the “Indemnitee”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 11th, 2016 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into effective the 12th day of March 2014 (the “Effective Date”) by and between James L. Thornton, a resident of the State of Minnesota (“Employee”), and Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”).
7,000,000 Shares DAKOTA PLAINS HOLDINGS, INC. Common Stock PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • December 11th, 2013 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • New York
Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated in this Placement Agency Agreement (this “Agreement”) and the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreements”) entered into with the investors identified therein (each, an “Investor” and collectively, the “Investors”), to issue and sell up to an aggregate of 7,000,000 shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). The Company hereby confirms its several agreements with Canaccord Genuity Inc. (“Canaccord”) and Northland Securities, Inc. (“Northland”) as set forth below. Canaccord is referred to as the “Lead Placement Agent” and collectively, Canaccord and Northland are referred to as the “Placement Agents.” The Shares are more fully described in the Prospectus (as defined below).
AMENDMENT NO. 4 TO FORBEARANCE AGREEMENTForbearance Agreement • November 7th, 2016 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals
THIS AMENDMENT No. 4 TO FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of October 31, 2016 by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), DPTS MARKETING LLC, a Minnesota limited liability company (“DPTSM”), DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC, a Minnesota limited liability company (“DPTS”), DPTS SAND, LLC, a Minnesota limited liability company (“DPTS Sand” and, together with Holdings, DPTSM and DPTS, the “Guarantors”), the Lenders (the “Lenders”) from time to time party to the Credit Agreement (defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (in such capa
REVOLVING CREDIT AND TERM LOAN AGREEMENT dated as of December 5, 2014 among DAKOTA PLAINS TRANSLOADING, LLC, DAKOTA PLAINS SAND, LLC and DAKOTA PLAINS MARKETING, LLC as Borrowers DAKOTA PLAINS HOLDINGS, INC. THE LENDERS FROM TIME TO TIME PARTY HERETO...Revolving Credit and Term Loan Agreement • December 8th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • New York
THIS REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of December 5, 2014, by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, collectively, the “Borrowers” and, individually, each, a “Borrower”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”) and SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”) and as issuing bank (the “Issuing Bank”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into effective the 22nd day of March 2012 (the “Effective Date”) by and between Gabriel G. Claypool, a resident of the State of Minnesota (“Employee”), and Dakota Plains Holdings, Inc., a Nevada corporation formerly known as MCT Holding Corporation (the “Company”).
DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC AMENDED AND RESTATED MEMBER CONTROL AGREEMENTMember Control Agreement • June 5th, 2012 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS AMENDED AND RESTATED MEMBER CONTROL AGREEMENT, (the “Agreement”) is made effective as of June 1, 2012 (the “Effective Date”), by and between Dakota Plains Transloading, LLC, a Minnesota limited liability company (“DPT”), Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”) and Dakota Petroleum Transport Solutions, LLC, a Minnesota limited liability company (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 13th, 2012 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into effective the 9th day of April 2012 (the “Effective Date”) by and between Robert C. Henry, a resident of the State of Minnesota (“Employee”), and Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”).
DPTS MARKETING LLC SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENTMember Control Agreement • January 8th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT, (the “Agreement”) is made effective as of December 31, 2013 (the “Effective Date”), by and between Dakota Plains Marketing, LLC, a Minnesota limited liability company (“DPM”), Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”), and DPTS Marketing LLC, a Minnesota limited liability company (the “Company”).
SUBSCRIPTION AGREEMENTSubscription Agreement • December 11th, 2013 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • New York
The undersigned (the “Investor”) hereby confirms its agreement with Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”), as follows:
EXCHANGE AND LOAN AGREEMENTExchange and Loan Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
THIS EXCHANGE AND LOAN AGREEMENT (this “Agreement”) is entered into effective as of November 1, 2011 between (“Lender”) and Dakota Plains, Inc., a Minnesota corporation (the “Company”).
SELLER GUARANTY AND SECURITY AGREEMENT dated as of December 5, 2014 made by DAKOTA PLAINS HOLDINGS, INC. DAKOTA PLAINS TRANSLOADING, LLC, DAKOTA PLAINS SAND, LLC and DAKOTA PLAINS MARKETING, LLC as Grantors and THE OTHER GRANTORS FROM TIME TO TIME...Seller Guaranty and Security Agreement • December 8th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • New York
THIS DOCUMENT AND THE GRANTORS’ OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SELLER SUBORDINATION AGREEMENT (THE “SUBORDINATION AGREEMENT”), DATED AS OF DECEMBER 5, 2014, BY AND AMONG (I) WORLD FUEL SERVICES CORPORATION, A FLORIDA CORPORATION, PETROLEUM TRANSPORT SOLUTIONS, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, WORLD FUEL SERVICES, INC., A TEXAS CORPORATION, AND WESTERN PETROLEUM COMPANY, A MINNESOTA CORPORATION, (II) DAKOTA PLAINS TRANSLOADING, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, DAKOTA PLAINS SAND, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, AND DAKOTA PLAINS MARKETING, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, (III) THE GUARANTORS PARTY THERETO AND (IV) SUNTRUST BANK, A GEORGIA BANKING CORPORATION; AND EACH PARTY TO THIS DOCUMENT, BY ITS ACCEPTANCE HEREOF, SHALL BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
GUARANTY AND SECURITY AGREEMENT dated as of December 5, 2014 made by DAKOTA PLAINS TRANSLOADING, LLC, DAKOTA PLAINS SAND, LLC and DAKOTA PLAINS MARKETING, LLC as the Borrowers and THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO in favor of SUNTRUST...Guaranty and Security Agreement • December 8th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • New York
THIS GUARANTY AND SECURITY AGREEMENT, dated as of December 5, 2014, is made by DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company, DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company and DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (each a “Borrower” and collectively, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), and certain Subsidiaries of the Borrowers identified on the signature pages hereto as “Guarantors” (together with the Borrowers, Holdings and any other Subsidiary of the Borrowers that becomes a party hereto from time to time after the date hereof, each, a “Grantor” and, collectively, the “Grantors”), in favor of SUNTRUST BANK, as administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the Secured Parties (as defined below).
INDEMNIFICATION AND RELEASE AGREEMENTIndemnification and Release Agreement • December 8th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS INDEMNIFICATION AND RELEASE AGREEMENT (this “Agreement”) is made and entered into as of this 5th day of December, 2014 (the “Effective Date”), by and between WORLD FUEL SERVICES CORPORATION, a Florida corporation (“WFS”), and DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“DAKP”).
FORM OF] SUBSCRIPTION AGREEMENT November 2, 2012Subscription Agreement • November 6th, 2012 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
By delivery of this Subscription Agreement, (this “Agreement”), the undersigned (“Subscriber”) hereby subscribes for and offers to purchase from Dakota Plains Holdings, Inc. (the “Company”) and pay the aggregate principal amount set forth on the signature page to this Agreement (the “Principal Amount”) for
Amended and Restated Lease Agreement By and Between Dakota Plains Holdings, Inc. a Nevada corporation (“Landlord”) and Dakota Petroleum Transport Solutions, LLC a Minnesota limited liability company (“Tenant”)Lease Agreement • June 5th, 2012 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS AMENDED AND RESTATED LEASE AGREEMENT (“Lease”) is made effective as of June 1, 2012 (“Effective Date”), by and between Dakota Plains Holdings, Inc., a Nevada corporation (“Landlord”), and Dakota Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“Tenant”).
AMENDMENT No. 3 to REVOLVING CREDIT AND TERM LOAN AGREEMENT, AMENDMENT NO. 1 TO FORBEARANCE AGREEMENT AND ONE TIME WAIVER OF REVOLVING LOAN BORROWING REQUIREMENTSForbearance Agreement • July 8th, 2016 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals
THIS AMENDMENT No. 3 to REVOLVING CREDIT AND TERM LOAN AGREEMENT, AMENDMENT No. 1 TO FORBEARANCE AGREEMENT AND ONE TIME WAIVER OF REVOLVING LOAN BORROWING REQUIREMENTS (this “Agreement”) is made and entered into as of July 5, 2016 by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), DPTS MARKETING LLC, a Minnesota limited liability company (“DPTSM”), DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC, a Minnesota limited liability company (“DPTS”), DPTS SAND, LLC, a Minnesota limited liability company (“DPTS Sand” and, together with Holdings, DPTSM and DPTS, the “Guarantors”), the Lenders (the “Lenders”) from time to time party to the Cre
Dakota Plains Holdings, Inc.Is an Incentive Stock Option Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
This is an Incentive Stock Option Agreement (“Agreement”) between Dakota Plains Holdings, Inc. (the “Company”), and the optionee identified above (the “Optionee”) effective as of the date of grant specified above.
FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2016 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals
THIS FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of May 3, 2016 by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), DPTS MARKETING LLC, a Minnesota limited liability company (“DPTSM”), DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC, a Minnesota limited liability company (“DPTS”), DPTS SAND, LLC, a Minnesota limited liability company (“DPTS Sand” and, together with Holdings, DPTSM and DPTS, the “Guarantors”), the Lenders (the “Lenders”) from time to time party to the Credit Agreement (defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (in such capacity, “Administrative Ag
Re: Olshan Draft Settlement Agreement Dated February 13, 2015 Jeff:Dakota Plains Holdings, Inc. • February 17th, 2015 • Wholesale-petroleum bulk stations & terminals
AMENDMENT NO. 1 TO REVOLVING CREDIT AND TERM LOAN AGREEMENTCredit and Term Loan Agreement • August 11th, 2015 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • New York
THIS AMENDMENT NO. 1 TO REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”) is made and entered into as of August 6, 2015, by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, collectively, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), the Lenders party hereto and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).
AMENDMENT NO. 2 TO DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC AMENDED AND RESTATED MEMBER CONTROL AGREEMENTMember Control Agreement • August 8th, 2013 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS AMENDMENT NO.2 (this “Amendment”) is made effective as of June 17, 2013 by and between Dakota Plains Transloading, LLC, a Minnesota limited liability company (“DPT”), Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”), and Dakota Petroleum Transport Solutions, LLC, a Minnesota limited liability company (the “Company”).
AMENDMENT TO LEASE AGREEMENTLease Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
AMENDMENT TO LEASE AGREEMENT (this “Amendment”) dated as of August 18, 2011 by and among Dakota Plains, Inc., a Minnesota corporation f/k/a Dakota Plains Transport, Inc., a Nevada corporation (“Landlord”) and Dakota Petroleum Transport Solutions, LLC, a Minnesota Limited Liability Tenant (the “Tenant”).
Dakota Plains Holdings, Inc.Non-Statutory Stock Option Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
This is a Non-Statutory Stock Option Agreement (“Agreement”) between Dakota Plains Holdings, Inc. (the “Company”), and the optionee identified above (the “Optionee”) effective as of the date of grant specified above.
SHOPPING CENTER LEASE WILLOW CREEK SHOPPING CENTERCenter Lease Willow Creek Shopping Center • August 27th, 2008 • MCT Holding Corp • Utah
THIS SHOPPING CENTER LEASE (this "Lease") is entered into as of the 1st day of August, 2002, between REAM FIESTA VILLAGE, LTD., a Utah limited partnership ("Landlord"), whose address is 160 East Claybourne Avenue, Salt Lake City, Utah 84115, and TWO SUNS, L.L.C., a Utah limited liability company ("Tenant"), whose address is 9005 Cobbie Canyon Lane, Sandy, Utah 84093.
MEMBERSHIP INTEREST PURCHASE AGREEMENT BY AND AMONG DAKOTA PLAINS HOLDINGS, INC., DAKOTA PLAINS TRANSLOADING, LLC, DAKOTA PLAINS SAND, LLC, DAKOTA PLAINS MARKETING, LLC AND PETROLEUM TRANSPORT SOLUTIONS, LLC December 5, 2014Membership Interest Purchase Agreement • December 8th, 2014 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
This MEMBERSHIP INTEREST PURCHASE AGREEMENT, dated December 5, 2014, is made and entered into by and among Dakota Plains Holdings, Inc., a Nevada corporation (“DAKP”); Dakota Plains Transloading, LLC, a Minnesota limited liability company (“Dakota Plains Transloading”); Dakota Plains Sand, LLC, a Minnesota limited liability company (“Dakota Plains Sand”); Dakota Plains Marketing, LLC, a Minnesota limited liability company (“Dakota Plains Marketing”); and Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”). DAKP, Dakota Plains Transloading, Dakota Plains Sand, Dakota Plains Marketing and PTS are collectively referred to herein as the “Parties” and each, individually, as a “Party”).
Dakota Plains Holdings, Inc.MCT Holding Corp • March 23rd, 2012 • Services-personal services • Minnesota
This Restricted Stock Agreement is made between Dakota Plains Holdings, Inc. (the “Company”), and the employee identified above (the “Employee”) effective as of the date of issuance specified above (the “Effective Date”).
AMENDMENT NO. 2 TO FORBEARANCE AGREEMENTForbearance Agreement • September 6th, 2016 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals
THIS AMENDMENT No. 2 TO FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of September 1, 2016 by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), DPTS MARKETING LLC, a Minnesota limited liability company (“DPTSM”), DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC, a Minnesota limited liability company (“DPTS”), DPTS SAND, LLC, a Minnesota limited liability company (“DPTS Sand” and, together with Holdings, DPTSM and DPTS, the “Guarantors”), the Lenders (the “Lenders”) from time to time party to the Credit Agreement (defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (in such cap
AMENDMENT NO. 1 TO DPTS MARKETING LLC AMENDED AND RESTATED MEMBER CONTROL AGREEMENTMember Control Agreement • March 14th, 2013 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS AMENDMENT NO. 1 (this “Amendment”) is made effective as of August 30, 2012 by and between Dakota Plains Marketing, LLC, a Minnesota limited liability company (“DPM”), Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”), and DPTS Marketing LLC, a Minnesota limited liability company (the “Company”).
AMENDMENT TO DPTS MARKETING LLC MEMBER CONTROL AGREEMENTMarketing LLC Member Control Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
AMENDMENT TO MEMBER CONTROL AGREEMENT (this “Amendment”) dated as of August 17, 2011 by and among Dakota Plains Marketing, LLC, a Minnesota limited liability company (“DPM”) and Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”), and DPTS Marketing LLC, a Minnesota limited liability company (the “Company”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG MCT HOLDING CORPORATION, DAKOTA PLAINS, INC., AND DP ACQUISITION CORPORATIONAgreement and Plan of Merger • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
This Agreement and Plan of Merger (this “Agreement”) is entered into effective as of the 22nd day of March 2012, by and among MCT Holding Corporation, a Nevada corporation (“MCT Holding”), Dakota Plains, Inc. a Minnesota corporation (“Dakota Plains”), and DP Acquisition Corporation, a Minnesota corporation (“Merger Subsidiary”). Certain capitalized terms used in this Agreement are defined in Article 7.
STOCK PURCHASE AGREEMENTStock Purchase Agreement • March 23rd, 2012 • MCT Holding Corp • Services-personal services • Minnesota
This Stock Purchase Agreement (the “Agreement”) is made effective as of the 23rd day of March, 2012, by and between MCT Holding Corporation, a Nevada corporation (the “Seller”), MCT Distribution Incorporated, a Utah corporation (the “Company”) and Lindsey Hailstone (the “Buyer”). The Buyer and the Seller are sometimes referred to in this Agreement individually as a “Party,” and collectively as the “Parties.”
EMPLOYMENT AGREEMENTEmployment Agreement • February 12th, 2013 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into effective the 8th day of February 2013 (the “Effective Date”) by and between Craig M. McKenzie, a resident of the State of Minnesota (“Employee”), and Dakota Plains Holdings, Inc., a Nevada corporation (the “Company”).
AMENDMENT NO. 2 TO DPTS MARKETING LLC AMENDED AND RESTATED MEMBER CONTROL AGREEMENTMember Control Agreement • August 8th, 2013 • Dakota Plains Holdings, Inc. • Wholesale-petroleum bulk stations & terminals • Minnesota
THIS AMENDMENT NO. 2 (this “Amendment”) is made effective as of June 17, 2013 by and between Dakota Plains Marketing, LLC, a Minnesota limited liability company (“DPM”), Petroleum Transport Solutions, LLC, a Minnesota limited liability company (“PTS”), and DPTS Marketing LLC, a Minnesota limited liability company (the “Company”).
