BioFuel Energy Corp. Sample Contracts

FORM OF
Limited Liability Company Agreement • April 23rd, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
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FORM OF
Registration Rights Agreement • April 23rd, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
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ARTICLE II REGISTRATION RIGHTS
Registration Rights Agreement • August 14th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
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BETWEEN
Stockholders Agreement • August 14th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
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Contract
Employment Agreement • February 29th, 2024 • Green Brick Partners, Inc. • Operative builders • Delaware

This EMPLOYMENT AGREEMENT by and between Green Brick Partners, Inc., a Delaware corporation (the “Company”), and Jed Dolson (“Executive”) (each a “Party” and collectively the “Parties”) (this “Agreement”) is entered into on October 26, 2023, and effective as of October 27, 2023 (the “Effective Date”).

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OF
Option to Purchase Agreement • April 23rd, 2007 • BioFuel Energy Corp. • Industrial organic chemicals
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Green Brick Partners, Inc. Note Purchase Agreement Dated February 25, 2021
Note Purchase Agreement • March 3rd, 2021 • Green Brick Partners, Inc. • Operative builders • New York
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SECTION 382 RIGHTS AGREEMENT dated as of March 27, 2014 between BIOFUEL ENERGY CORP. and BROADRIDGE CORPORATE ISSUER SOLUTIONS, INC., as Rights Agent
Section 382 Rights Agreement • March 28th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
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AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • December 16th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

This AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) dated as of December 15, 2010 is entered into by and among BioFuel Energy Corp., a Delaware corporation (the “Company”), and certain holders of securities of the Company party to this Agreement (collectively, the “Investor Parties”).

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BIOFUEL ENERGY CORP. 5,250,000 Shares of Common Stock Form of Underwriting Agreement
BioFuel Energy Corp. • June 13th, 2007 • Industrial organic chemicals • New York

The undersigned understands that you, as Representatives of the several Underwriters, propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with BioFuel Energy Corp., a Delaware corporation (the “Company”), providing for the public offering (the “Public Offering”) by the several Underwriters named in Schedule 1 to the Underwriting Agreement (the “Underwriters”), of common stock of the Company (the “Securities”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Underwriting Agreement.

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CORN SUPPLY AGREEMENT
Corn Supply Agreement • May 15th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals

This Corn Supply Agreement (“Agreement”) is made this 25th day of September, 2006, by and between Cargill, Incorporated (“Cargill”), a Delaware corporation with a place of business at 15407 McGinty Road West, Wayzata, MN 55391, and Buffalo Lake Energy, LLC (“Producer”), a Delaware limited liability company. Cargill and Producer are each a “Party” and collectively are the “Parties” to this Agreement.

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Buy-Sell Event: shall have the meaning ascribed to such term in Section 5.1(c) hereof. Buy-Sell Notice: shall have the meaning ascribed to such term in Section 5.1(c) hereof. Capital Account: shall have the meaning ascribed to such term in Section 2.4...
Company Agreement • March 6th, 2020 • Green Brick Partners, Inc. • Operative builders • Texas
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Exhibit 1.1 BIOFUEL ENERGY CORP. [_____] Shares of Common Stock Form of Underwriting Agreement
BioFuel Energy Corp. • April 23rd, 2007 • Industrial organic chemicals • New York
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BY AND AMONG
Tax Benefit Sharing Agreement • August 14th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware
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DELTA-T LICENSE AGREEMENT LICENSE OF TECHNOLOGY BETWEEN DELTA-T CORPORATION AND PIONEER TRAIL, LLC
Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Virginia

THIS AGREEMENT, made this 28th day of April, 2006 by and between Delta-T Corporation, a Virginia corporation, with its principal place of business at 323 Alexander Lee Parkway, Williamsburg, Virginia 23185 (hereinafter “Delta-T”), and Pioneer Trail, LLC, a Delaware limited liability company, with its principal place of business at 337 McLaws Circle, Suite Two, Williamsburg, Virginia 23185 (hereinafter “Owner”), each of which may be referred to individually as a “Party,” or jointly as the “Parties.”

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AGREEMENT AND OMNIBUS AMENDMENT
Agreement and Omnibus Amendment • August 14th, 2009 • BioFuel Energy Corp. • Industrial organic chemicals

This Agreement and Omnibus Amendment (this “Omnibus Agreement”) is made as of July 30, 2009, among Buffalo Lake Energy, LLC (“BLE”), Cargill, Incorporated (“CI”) and Cargill Commodity Services, Inc. (“CS” and, together with CI, “Cargill”).

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EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • September 3rd, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Colorado

THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the 31st day of August, 2010 (the “Effective Date”) by and between BioFuel Energy, LLC (the “Company”) and Scott H. Pearce (“Executive”).

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DEPOSIT AGREEMENT Made and entered into as of December 23, 2021 among GREEN BRICK PARTNERS, INC., AS THE COMPANY, CONTINENTAL STOCK TRANSFER & TRUST COMPANY, AS DEPOSITARY, TRANSFER AGENT AND REGISTRAR, -and- HOLDERS OF RECEIPTS RELATING TO RECEIPTS,...
Deposit Agreement • December 23rd, 2021 • Green Brick Partners, Inc. • Operative builders • Delaware

This DEPOSIT AGREEMENT is made and entered into as of December 23, 2021, among Green Brick Partners, Inc., a Delaware corporation (the “Company”), Continental Stock Transfer & Trust Company, a New York limited liability trust company, as Depositary, Transfer Agent and Registrar (each as hereinafter defined), and all holders from time to time of Receipts (as hereinafter defined) issued hereunder.

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AGREEMENT FOR ENGINEERING, PROCUREMENT
Construction Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delta

THIS ENGINEERING, PROCUREMENT & CONSTRUCTION AGREEMENT (“Agreement”) is made as of April 28, 2006 (“Effective Date”), by and between Pioneer Trail Energy, LLC, a limited liability company organized and existing under the laws of the state of Delaware (“Client”) and TIC - The Industrial Company Wyoming, Inc., a corporation organized and existing under the laws of the state of Wyoming (“Contractor”).

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EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York

THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the 28th day of April, 2006 (the “Effective Date”) by and between BioFuel Energy, LLC (the “Company”) and Daniel J. Simon (“Executive”).

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AMENDED AND RESTATED VOTING AGREEMENT
Adoption Agreement • December 16th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

AMENDMENT AND RESTATEMENT to the Voting Agreement among BioFuel Energy Corp., a Delaware corporation (the “Company”), and each of the Persons listed on Schedule I attached hereto (including, with their permitted transferees or assigns, collectively, the “Stockholders”) dated as of September 24, 2010 (the “Original Voting Agreement”), is entered into as of December 14, 2010 (this “Agreement”)

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LEASE AGREEMENT
Lease Agreement • November 1st, 2011 • BioFuel Energy Corp. • Industrial organic chemicals • Minnesota

This Lease Agreement, dated October 5, 2011 by and between FARNAM STREET FINANCIAL, INC. (the "Lessor") with an office located at 240 Pondview Plaza, 5850 Opus Parkway, Minnetonka, MN 55343 and PIONEER TRAIL ENERGY, LLC (the "Lessee") with an office located at 1600 Broadway, Suite 2200, Denver, CO 80202.

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ETHANOL MARKETING AGREEMENT
Ethanol Marketing Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals

THIS ETHANOL MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 25th day of September, 2006 (the “Effective Date”), by and between CARGILL, INCORPORATED (“Cargill”) and Buffalo Lake Energy, LLC (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.

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STOCK BONUS AWARD AGREEMENT
Stock Bonus Award Agreement • March 18th, 2019 • Green Brick Partners, Inc. • Operative builders • Delaware

This Stock Bonus Award Agreement (this “Agreement”), made as of the 12th day of March, 2019 by and between Green Brick Partners, Inc., a Delaware corporation (the “Company”), and Jed Dolson (the “Participant”), evidences the grant by the Company of an Award of Common Stock under Section 10 of the Plan (as defined below) to the Participant and the Participant’s acceptance of the Award in accordance with the provisions of the Company’s 2014 Omnibus Equity Incentive Plan (the “Plan”). Unless otherwise provided herein, all capitalized terms shall have the same meaning as set forth in the Plan. The Company and the Participant agree as follows:

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GREEN BRICK PARTNERS, INC. STOCK BONUS AWARD AGREEMENT
Stock Bonus Award Agreement • March 13th, 2017 • Green Brick Partners, Inc. • Operative builders • Delaware

This Stock Bonus Award Agreement (this “Agreement”), made as of the 10th day of November 2016 by and between Green Brick Partners, Inc., a Delaware corporation (the “Company”), and Jed Dolson (the “Participant”), evidences the grant by the Company of an Award of Common Stock to the Participant and the Participant’s acceptance of the Award in accordance with the provisions of the Company’s 2014 Omnibus Equity Incentive Plan (the “Plan”). Unless otherwise provided herein, all capitalized terms shall have the same meaning as set forth in the Plan. The Company and the Participant agree as follows:

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Contract
Letter Agreement • December 16th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • New York

AMENDMENT AND RESTATEMENT to the Rights Offering Letter Agreement among Greenlight Capital, LP, Greenlight Capital Qualified, LP, Greenlight Capital (Gold), LP, Greenlight Capital Offshore Partners, Greenlight Capital Offshore Master (Gold), Ltd., Greenlight Reinsurance, Ltd., Third Point Loan LLC and BioFuel Energy Corp. dated as of September 24, 2010 (the “Original ROLA”), is entered into as of December 14, 2010 (this “Letter Agreement”).

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CARGILL DIRECT FUTURES ADVISORY AGREEMENT
Confidentiality Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
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AMENDED AND RESTATED VOTING AGREEMENT
Adoption Agreement • December 16th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

AMENDMENT AND RESTATEMENT to the Voting Agreement among BioFuel Energy Corp., a Delaware corporation (the “Company”), and each of the Persons listed on Schedule I attached hereto (including, with their permitted transferees or assigns, collectively, the “Stockholders”) dated as of September 24, 2010 (the “Original Voting Agreement”), is entered into as of December 14, 2010 (this “Agreement”)

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BIOFUEL ENERGY CORP., MELLON INVESTOR SERVICES LLC, as Depositary, and THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY SHARES DESCRIBED HEREIN
Deposit Agreement • February 4th, 2011 • BioFuel Energy Corp. • Industrial organic chemicals • New York

DEPOSIT AGREEMENT dated as of February 4, 2011, among BIOFUEL ENERGY CORP., a corporation duly organized and existing under the laws of the State of Delaware, MELLON INVESTOR SERVICES LLC (operating with the service name BNY Mellon Shareowner Services), a limited liability company existing under the laws of the State of New Jersey, and the holders from time to time of the Depositary Shares (as hereinafter defined) described herein.

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Backstop REGISTRATION RIGHTS AGREEMENT
Backstop Registration Rights Agreement • October 31st, 2014 • Green Brick Partners, Inc. • Industrial organic chemicals • New York

This BACKSTOP REGISTRATION RIGHTS AGREEMENT (this “Agreement”) dated as of October 27, 2014 is entered into by and among Green Brick Partners, Inc., a Delaware corporation (the “Company”), and certain holders of securities of the Company party to this Agreement (collectively, the “Investor Parties”).

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DISTILLERS GRAINS MARKETING AGREEMENT
Distillers Grains Marketing Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals

THIS DISTILLERS GRAINS MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 25th day of September, 2006 (the “Effective Date”) by and between CARGILL, INCORPORATED (“Cargill”) acting through its the Non-Grain Feed Ingredients Business Unit and Buffalo Lake Energy, LLC (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.

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AMENDMENT TO OPTION AGREEMENT
Option Agreement • April 23rd, 2007 • BioFuel Energy Corp. • Industrial organic chemicals

AN AMENDMENT TO OPTION AGREEMENT as executed on this 22 day of September, 2006, by and between NANCY AND ROBERT HALL (hereinafter referred to as “Optionor”) and AG PARTNERS, L.L.C., an Iowa limited liability company, (hereinafter referred to as “Optionee”).

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August 22, 2008 BNP Paribas, as Lender and Administrative Agent New York, NY 10019 Deutsche Bank Trust Company Americas, as Collateral Agent and Depositary Agent Mail Stop: NYC60-2710 New York, NY 10005
BioFuel Energy Corp. • August 28th, 2008 • Industrial organic chemicals

Re: Request for Consent and Amendment pursuant to Section 9.12(a) of the Credit Agreement (as defined below) and Section 10.1 of the Account Agreement (as defined in such Credit Agreement)

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VOTING AGREEMENT
Adoption Agreement • September 27th, 2010 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

This VOTING AGREEMENT (this “Agreement”) dated September 24, 2010, is entered into by and among Biofuel Energy Corp., a Delaware corporation (the “Company”), and each of the Persons listed on Schedule I attached hereto (including, with their permitted transferees or assigns, collectively, the “Stockholders”). This Agreement shall become effective as of the Closing (as defined therein) of that certain proposed registered rights offering for Series A Convertible Preferred Stock of the Company (or depository interests in respect thereof) (the “Rights Offering”) as further described in that certain Loan Agreement and Rights Offering Letter Agreement, each dated as of even date herewith by and among the Company, each of the Stockholders and the other signatories thereto (the “Loan Agreement” and the “Rights Offering Letter Agreement”, respectively).

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PROMISSORY NOTE
BioFuel Energy Corp. • July 16th, 2014 • Industrial organic chemicals • Texas

FOR VALUE RECEIVED, JBGL CAPITAL, LP, a Delaware limited partnership (“Debtor”), unconditionally promises to pay to the order of PLAINSCAPITAL BANK, a Texas state bank (together with its successors and assigns, “Lender”), without setoff, at its offices at 2323 Victory Avenue, Dallas (Dallas County), TX 75219, or at such other place as may be designated by Lender, the principal amount of SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with, interest computed daily on the outstanding principal balance hereunder, at an annual interest rate (the “Rate"), and in accordance with the payment schedule indicated below. This PROMISSORY NOTE (this “Note”) is executed pursuant to and evidences the loan funded by Lender under, and secured in part by, (a) that certain LOAN AGREEMENT dated as of even date herewith (the “Effective Date"), between Debtor and Lender (as amended, resta

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