Highwater Ethanol Llc Sample Contracts

Highwater Ethanol Llc – MEMBER CORN OIL MARKETING AGREEMENT (September 11th, 2018)

THIS CORN OIL MARKETING AGREEMENT (the “Agreement”) is made and entered into as of July 17, 2018 with an effective date of November 1, 2018 (the “Effective Date”) by and between RPMG, INC., a Minnesota corporation (“RPMG”) and Highwater Ethanol, LLC, a Minnesota limited liability company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.

Highwater Ethanol Llc – NATURAL GAS SERVICE AGREEMENT (September 11th, 2018)

This Natural Gas Service Agreement ("Agreement") is entered into as of the 10th day of August, 2018, and is between CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas, a Delaware corporation ("CenterPoint") and Highwater Ethanol, LLC, a Minnesota limited liability company ("Customer").

Highwater Ethanol Llc – Northern Natural Gas Company Amendment to TFX Throughput Service Agreement (August 1st, 2018)
Highwater Ethanol Llc – THIRD AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (April 27th, 2018)

THIS THIRD AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (this "Mortgage") made April 20, 2018, by and between HIGHWATER ETHANOL, LLC, a Minnesota limited liability company, as mortgagor (the "Mortgagor"), whose mailing address is P.O. Box 96, 24500 US Highway 14, Lamberton, MN 56152 and COMPEER FINANCIAL, PCA as successor in interest to AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as mortgagee (the "Mortgagee"), whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, Minnesota 56002-4249.

Highwater Ethanol Llc – THIRD AMENDED AND RESTATED TERM REVOLVING NOTE (April 27th, 2018)

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016, as amended by that certain First Amendment to Second Amended and Restated Credit Agreement of even date herewith (as amended, the "Credit Agreement"), among the Borrower, the Banks, and Compeer Financial, PCA as successor in interest to AgStar Financial Services, PCA, as Administrative Agent (the "Agent").

Highwater Ethanol Llc – FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (April 27th, 2018)

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is entered into to be effective as of April 20, 2018, by and among HIGH WATER ETHANOL, LLC, a Minnesota limited liability company ("Borrower"), the commercial, banking or financial institutions whose signatures appear on the signature page hereto (collectively, the "Banks"), and COMPEER FINANCIAL, PCA, as successor in interest to AGSTAR FINANCIAL SERVICES, PCA, as administrative agent (the "Agent"),

Highwater Ethanol Llc – AGREEMENT FOR ELECTRIC SERVICE (October 2nd, 2017)

THIS AGREEMENT made the 19th day of September, 2017 by and between Redwood Electric Cooperative, Inc., 60 Pine Street, PO Box 15, Clements, Minnesota 56224-0015, first party, hereinafter referred to as the Cooperative, and Highwater Ethanol, LLC,24500 US State Hwy 14 PO Box 96, Lamberton, Minnesota 56152, second party, hereinafter referred to as Member.

Highwater Ethanol Llc – SECOND AMENDED AND RESTATED TERM NOTE (January 28th, 2016)

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").

Highwater Ethanol Llc – SECOND AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (January 28th, 2016)

THIS SECOND AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (this "Mortgage") made January 22, 2016, by and between HIGHWATER ETHANOL, LLC, a Minnesota limited liability company, as mortgagor (the "Mortgagor"), whose mailing address is P.O. Box 96, 24500 US Highway 14, Lamberton, MN 56152 and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as mortgagee (the "Mortgagee"), whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, Minnesota 56002-4249.

Highwater Ethanol Llc – GRAIN ORIGINATION AGREEMENT (January 28th, 2016)

THIS GRAIN ORIGINATION AGREEMENT (this “Agreement”) is made effective as of July 1, 2016 (the “Effective Date”) by and between CHS Inc., with offices at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077 (“CHS”), and Highwater Ethanol, L.L.C., with offices at 24500 US Highway 14, Lamberton, MN 56152 (“Customer”). Any reference herein to a “Party” shall refer to CHS or Customer individually, and any reference herein to “Parties” shall refer to both CHS and Customer.

Highwater Ethanol Llc – AMENDED AND RESTATED SECURITY AGREEMENT (January 28th, 2016)

THIS AMENDED AND RESTATED SECURITY AGREEMENT (this "Security Agreement") is made as of January 22, 2016, by HIGHWATER ETHANOL, LLC, a Minnesota limited liability company ("Debtor"), in favor of AGSTAR FINANCIAL SERVICES, PCA, and its successors and assigns, as administrative agent (in such capacity, the "Secured Party") for the benefit of itself and the Banks (as defined in the Credit Agreement) in connection with that certain Second Amended and Restated Credit Agreement of even date herewith among the Debtor, the Secured Party, and the commercial, banking or financial institutions and other entities from time to time parties thereto as Banks (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"). This Security Agreement amends and restates that certain Security Agreement dated February 27, 2014 between the Debtor and Secured Party.

Highwater Ethanol Llc – SECOND AMENDED AND RESTATED TERM REVOLVING NOTE (January 28th, 2016)

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").

Highwater Ethanol Llc – SECOND AMENDED AND RESTATED CREDIT AGREEMENT (January 28th, 2016)
Highwater Ethanol Llc – SECOND AMENDED AND RESTATED TERM REVOLVING NOTE (January 28th, 2016)

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").

Highwater Ethanol Llc – SECOND AMENDED AND RESTATED TERM NOTE (January 28th, 2016)

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Second Amended and Restated Credit Agreement dated January 22, 2016 (the "Credit Agreement"), among the Borrower, the Banks, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent").

Highwater Ethanol Llc – AMENDED AND RESTATED TERM NOTE (January 28th, 2015)

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – AMENDED AND RESTATED TERM NOTE (January 28th, 2015)

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – AMENDED AND RESTATED REVOLVING LINE OF CREDIT NOTE (January 28th, 2015)

This Revolving Line of Credit Note is one of the Revolving Line of Credit Notes evidencing the Revolving Line of Credit Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – AMENDED AND RESTATED TERM REVOLVING NOTE (January 28th, 2015)

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – AMENDED AND RESTATED TERM NOTE (January 28th, 2015)

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – AMENDED AND RESTATED TERM REVOLVING NOTE (January 28th, 2015)

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – REVOLVING LINE OF CREDIT NOTE (January 28th, 2015)

This Revolving Line of Credit Note is one of the Revolving Line of Credit Notes evidencing the Revolving Line of Credit Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – REVOLVING LINE OF CREDIT NOTE (January 28th, 2015)

This Revolving Line of Credit Note is one of the Revolving Line of Credit Notes evidencing the Revolving Line of Credit Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (January 28th, 2015)

THIS AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FINANCING STATEMENT (this "Mortgage") made September 22, 2014, by and between HIGHWATER ETHANOL, LLC, a Minnesota limited liability company, as mortgagor (the "Mortgagor"), whose mailing address is P.O. Box 96, 24500 US Highway 14, Lamberton, MN 56152 and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality, as mortgagee (the "Mortgagee"), whose mailing address is 1921 Premier Drive, P.O. Box 4249, Mankato, Minnesota 56002-4249.

Highwater Ethanol Llc – AMENDED AND RESTATED CREDIT AGREEMENT (January 28th, 2015)
Highwater Ethanol Llc – AMENDED AND RESTATED TERM REVOLVING NOTE (January 28th, 2015)

This Term Revolving Note is one of the Term Revolving Notes evidencing the Term Revolving Loan referred to in that certain Credit Agreement dated February 27, 2014, which has been amended and restated under that certain Amended and Restated Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the "Agent") (such agreement, as amended and restated, the "Credit Agreement").

Highwater Ethanol Llc – Technology Demonstration Risk Reduction Agreement (May 22nd, 2014)

This Technology Demonstration Risk Reduction Agreement (the “Agreement”) is made this 26th day of September, 2013 by and between Butamax Advanced Biofuels LLC, a Delaware limited liability company located at Bldg 356, DuPont Experimental Station, Wilmington, DE ("Butamax"), and Highwater Ethanol LLC, a Minnesota limited liability company located at 24500 U.S. 14, Lamberton, MN ("Highwater"). As used herein, the term "Party" shall refer to Butamax or Highwater and "Parties" shall refer to both Butamax and Highwater.

Highwater Ethanol Llc – Easement for Construction and Process Demonstration Agreement (May 22nd, 2014)

This Easement for Construction and Process Demonstration Agreement (this "Agreement") is made this 26th day of September, 2013 (the “Effective Date”) by and between Butamax Advanced Biofuels LLC, a Delaware limited liability company located at Bldg 356, DuPont Experimental Station, Wilmington, DE ("Butamax"), and Highwater Ethanol LLC, a Minnesota limited liability company located at 24500 U.S. 14, Lamberton, MN ("Highwater"). Party shall refer to Butamax or Highwater and Parties shall refer to both Butamax and Highwater.

Highwater Ethanol Llc – Equipment Lease Agreement (May 22nd, 2014)

This Equipment Lease Agreement (this "Lease") is made this 26th day of September, 2013 (“Effective Date”) by and between Butamax Advanced Biofuels LLC, a Delaware limited liability company located at Bldg 356, DuPont Experimental Station, Wilmington, DE ("Butamax"), and Highwater Ethanol LLC, a Minnesota limited liability company located at 24500 U.S. 14, Lamberton, MN ("Highwater"). As used herein, the term "Party" shall refer to Butamax or Highwater and "Parties" shall refer to both Butamax and Highwater.

Highwater Ethanol Llc – SECURITY AGREEMENT (May 22nd, 2014)

This Security Agreement (the "Security Agreement") is entered into this 26th day of September, 2013, by and between Highwater Ethanol LLC, a Minnesota limited liability company located at 24500 U.S. 14, Lamberton, MN ("Highwater"), and Butamax Advanced Biofuels LLC, a Delaware limited liability company located at Bldg 356, DuPont Experimental Station, Wilmington, DE 19880 ("Butamax"), as an inducement to enter into (a) a Construction Easement and Process Validation Agreement (the "Construction Agreement"), an Equipment Lease (the "Equipment Lease"), a Technology Demonstration Risk Reduction Agreement (the “Risk Reduction Agreement”), and a Technology License Agreement (the "License Agreement") (collectively the “Butamax Agreements”) entered into simultaneously with this Security Agreement, and (b) any agreement for a convertible debt instrument (the "Convertible Loan Agreement") that Butamax and Highwater may hereafter enter into (if a Convertible Loan Agreement is entered into, such C

Highwater Ethanol Llc – DISTILLERS CRUDE CORN OIL MARKETING AGREEMENT (May 22nd, 2014)

This Distillers Crude Corn Oil Marketing Agreement is made as of November 4, 2013 (the "Effective Date") by and between CHS Inc., a Minnesota cooperative corporation ("Marketer"), and Highwater Ethanol LLC, a Minnesota Limited Liability Corperation ("Producer").

Highwater Ethanol Llc – TECHNOLOGY LICENSE AGREEMENT (May 22nd, 2014)

THIS LICENSE AGREEMENT is effective the 26th day of September, 2013 between Butamax Advanced Biofuels LLC, a Delaware limited liability company located at Bldg 356, DuPont Experimental Station, Wilmington, DE ("BUTAMAX"), and Highwater Ethanol LLC, a Minnesota limited liability company located at 24500 U.S. 14, Lamberton, MN ("HIGHWATER").

Highwater Ethanol Llc – AMENDMENT NO. 1 TO DISTILLER'S GRAIN MARKETING AGREEMENT (March 5th, 2014)

This Amendment No. to the Distiller's Grain Marketing Agreement (this "Amendment") is made effective as of February 13, 2014 (the "Amendment Effective Date") by and between Highwater Ethanol LLC, a Minnesota limited liability company ("Seller"), and CHS Inc., a Minnesota cooperative corporation ("Buyer").

Highwater Ethanol Llc – TERM NOTE (March 5th, 2014)

This Term Note is one of the Term Notes evidencing the Term Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

Highwater Ethanol Llc – REVOLVING LINE OF CREDIT NOTE (March 5th, 2014)

This Revolving Line of Credit Note is one of the Revolving Line of Credit Notes evidencing the Revolving Line of Credit Loan referred to in that certain Credit Agreement of even date herewith, among the Borrower, the Bank and the other commercial, banking or financial institutions from time to time parties thereto, and AgStar Financial Services, PCA, as Administrative Agent (the “Agent”) (such agreement, as it may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).