LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN MILLENNIUM ETHANOL, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) May 5, 2006License Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of May 5, 2006, (the “Effective Date”) by and between Millennium Ethanol, LLC, a South Dakota limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
EXHIBIT DLicense Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals
THIS LICENSE AGREEMENT (this “License Agreement”) is entered into and made effective as of the 5th day of May, 2006 (“Effective Date”) by and between Millennium Ethanol, LLC, a South Dakota limited liability company (“OWNER”), and ICM, Inc., a Kansas corporation (“ICM”).
PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN MILLENNIUM ETHANOL, LLC AND FAGEN ENGINEERING, LLC December 1, 2005Engineering Services Agreement • April 30th, 2007 • Millennium Ethanol, LLC • Minnesota
THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the “Agreement”) is made as of December 1, 2005, (the “Effective Date”) by and between Millennium Ethanol, LLC, a South Dakota 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.”
Natural Gas Distribution Delivery AgreementAssignment and Assumption Agreement • April 30th, 2007 • Millennium Ethanol, LLC • Delaware
ETHANOL SALE AND PURCHASE AGREEMENTEthanol Sale and Purchase Agreement • April 30th, 2007 • Millennium Ethanol, LLC • Illinois
THIS ETHANOL SALE AND PURCHASE MARKETING AGREEMENT the (“Agreement”) is entered into this 31st day of May, 2006, with an effective date as stipulated in Section l(a) below, by and between Archer-Daniels-Midland Company, a Delaware corporation, with its principal place of business in Decatur, Illinois (“ADM”), and Millennium Ethanol, LLC, a South Dakota limited liability company, with its principal place of business in Marion, South Dakota (“Millennium”).
NORTHERN LIGHTS EXPANSION – PHASE 2 PRECEDENT AGREEMENT BETWEEN NORTHERN NATURAL GAS COMPANY AND MILLENNIUM ETHANOL, LLCPhase 2 Precedent Agreement • April 30th, 2007 • Millennium Ethanol, LLC • Nebraska
This Precedent Agreement dated this 18th day of May, 2006, evidences the agreement between Northern Natural Gas Company (Northern) and Millennium Ethanol, LLC (Customer), upon fulfillment of the conditions precedent set forth herein, to enter into a firm throughput service agreement as further described below under which Northern proposes to provide firm transportation service for delivery in the Market Area for Customer upon Northern’s installation of certain facilities to expand the capacity of Northern’s system, including mainline and branchlines, as necessary (Northern Lights Expansion – Phase 2). However, before Northern can determine whether the project can be included in the Northern Lights Expansion – Phase 1 or Phase 2 and apply for regulatory approvals and permits to expand the facilities, Northern must evaluate the capacity requested by customers. Accordingly, Northern is seeking a commitment from Customers who are interested in using, on a firm basis, the proposed expansion
ELECTRIC SERVICE AGREEMENTElectric Service Agreement • April 30th, 2007 • Millennium Ethanol, LLC • South Dakota
This Agreement made and entered into this 14th day of July 2006, by and between Southeastern Electric Cooperative, Inc., Marion, South Dakota (hereinafter called the Cooperative) and Millennium Ethanol, LLC. Marion, South Dakota (hereinafter called the Customer).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
THIS LOAN AND SECURITY AGREEMENT (“Agreement”), made and entered into as of the 22nd day of June, 2006, by and between MILLENNIUM ETHANOL, LLC, a South Dakota limited liability company (“Borrower”), whose address is 300 North Broadway, Marion, South Dakota 57043, and DOUGHERTY FUNDING LLC, a Delaware limited liability company (“Lender”), whose address is Suite 4300, 90 South Seventh Street, Minneapolis, Minnesota 55402.
CONTRACTContract • April 30th, 2007 • Millennium Ethanol, LLC
Made this 31 day of JULY, 2006 by and between MILLENNIUM ETHANOL, LLC (hereinafter “Buyer”), a corporation duly organized and existing under the laws of with an office at 27283 447TH AVE MARION, SD 57043, and RAILWORKS TRACK SYSTEMS, INC., a corporation duly organized and existing under the laws of NEVADA, with an office at 8485 WEST 210TH ST W LAKEVILLE, MN 55044 (hereinafter “Seller”).
WATER TREATMENT PLANT FINANCING AGREEMENTWater Treatment Plant Financing Agreement • April 30th, 2007 • Millennium Ethanol, LLC
This Agreement, dated as of June 14, 2006, by and between TM Rural Water District, P.O. Box 445, Parker, South Dakota, a South Dakota water user district, body politic and a political subdivision of the State of South Dakota (hereinafter referred to as “TM”), and Millennium Ethanol, L.L.C., P.O. Box 357, Marion, South Dakota (hereinafter referred to as “Millennium”).
ENERGY MANAGEMENT AGREEMENT (Site Development and Operations)Energy Management Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
The purpose of this Agreement is to set forth the understanding and agreement between Energy Management & Consulting Services, LLC (“EMCS”) and Millennium Ethanol, LLC (“Client”) related to the provision of energy management services.
FIRM THROUGHPUT SERVICE AGREEMENTThroughput Service Agreement • April 30th, 2007 • Millennium Ethanol, LLC
This transportation shall be provided pursuant to Subpart G of Part 284 of the Federal Energy Regulatory Commission’s regulations.
DDGS SALE AND PURCHASE AGREEMENTDDGS Sale and Purchase Agreement • April 30th, 2007 • Millennium Ethanol, LLC • Illinois
THIS DDGS SALE AND PURCHASE AGREEMENT the (“Agreement”) is entered into this 15th of June, 2006, with an effective date as stipulated in Section 1 (a) below, by and between Archer Daniels Midland Company, a Delaware corporation with its principal place of business in Decatur, Illinois (“ADM”), and Millennium Ethanol, LLC, a South Dakota limited liability company with its principal place of business in Marion, South Dakota (“Millennium”).
CORN PROCUREMENT AGREEMENT BETWEEN MILLENNIUM ETHANOL, LLC AND FREMAR, LLCCorn Procurement Agreement • April 30th, 2007 • Millennium Ethanol, LLC • South Dakota
THIS CORN PROCUREMENT AGREEMENT (the “Agreement”), made and entered into this 5th day of June, 2006 by and between Millennium Ethanol, LLC, a South Dakota limited liability company (“Millennium”), and FREMAR, LLC, a Minnesota limited liability company (“FREMAR LLC”).
TM RURAL WATER and MILLENNIUM ETHANOL L.L.C. WATER SUPPLY PIPELINE AGREEMENTSupply Pipeline Agreement • April 30th, 2007 • Millennium Ethanol, LLC
This Water Supply Pipeline Agreement, entered this 25th day of January, 2007, by and between TM Rural Water District, P.O. Box 445 Parker, South Dakota, a South Dakota water user district, body politic and a political subdivision of the state of South Dakota (hereinafter referred to as “TM”), and Millennium Ethanol, L.L.C, P.O. Box 357, Marion, South Dakota (hereinafter referred to as “Millennium”) provides as follows:
MILLENNIUM ETHANOL L.L.C. RISK MANAGEMENT AGREEMENT FOR GRAIN PROCUREMENT AND BYPRODUCT MARKETINGRisk Management Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals
JS&A will work with Millennium Ethanol L.L.C. providing advice regarding the hedging of grains, milling by-product owned or expected to be owned by it and Ethanol, in order to reduce the price risk of such ownership, and provide information related to the hedged position to respond to all management requirements.
REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
This REVOLVING CREDIT AND SECURITY AGREEMENT dated as of June 29, 2006 (the “Agreement”), is executed by and between MILLENNIUM ETHANOL, LLC, a South Dakota limited liability company (the “Borrower”), and DOUGHERTY FUNDING LLC, a Delaware limited liability company (the “Lender”).
NOTE PURCHASE AND PURCHASE RIGHTS AGREEMENTNote Purchase and Purchase Rights Agreement • April 30th, 2007 • Millennium Ethanol, LLC • Ohio
This Note Purchase and Purchase Rights Agreement (this “Agreement”) is made and entered into as of March 17, 2006 (the “Execution Date”) by and between Millennium Ethanol, LLC, a South Dakota limited liability company (the “Company”), and Rex Radio and Television, Inc., an Ohio corporation (the “Lender”). Each of the Company and the Lender may be referred to herein as a “Party,” and collectively as the “Parties.”
AGREEMENT AND PLAN OF MERGER BY AND AMONG US BIOENERGY CORPORATION US BIO ACQUISITION SUB, LLC and MILLENNIUM ETHANOL, LLC Dated as of May 31, 2007Agreement and Plan of Merger • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), is entered into as of May 31, 2007 by and among US BioEnergy Corporation, a South Dakota corporation (“Parent”), US Bio Acquisition Sub, LLC, a South Dakota limited liability company and a direct, wholly-owned subsidiary of Parent (“Merger Sub”), and Millennium Ethanol, LLC, a South Dakota limited liability company (the “Company”).
MANAGEMENT AGREEMENT BETWEEN MILLENNIUM ETHANOL, LLC AND FREMAR FARMERS COOPERATIVE, INC.Management Agreement • April 30th, 2007 • Millennium Ethanol, LLC • South Dakota
This Management Agreement is dated effective as of September 6, 2005 (this “Agreement”) and is between FREMAR FARMERS COOPERATIVE, INC. (“FREMAR”) and Millennium Ethanol, LLC (the “Company”).
SERVICE PROVIDER CONSENT AND AMENDMENT TO ELECTRIC SERVICE AGREEMENTElectric Service Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
This Service Provider Consent and Amendment to Electric Service Agreement (“Consent”) is made and entered into this 24th day of May, 2007 by and among Southeastern Electric Cooperative, Inc., Marion, South Dakota (“Southeastern”); Millennium Ethanol, LLC, Marion, South Dakota (“Borrower”); and Dougherty Funding LLC, Minneapolis, Minnesota (“Dougherty”).
TRADING SERVICE AGREEMENTTrading Service Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT, is made and entered into this 11th day of December, 2006 by and between Millennium Ethanol, LLC, a limited liability company with its principal offices located in Marion, South Dakota 57043 using, PO Box 359 for mail (hereinafter “ME”), and Variable Investment Advisors, Inc., a South Dakota corporation with its principal offices located at 4305 South Louise Avenue, Suite 101A, Sioux Falls, South Dakota 57106 (hereinafter “VIA”).
LETTER OF CREDIT APPLICATION, REIMBURSEMENT AND SECURITY AGREEMENTAnd Security Agreement • June 18th, 2007 • Millennium Ethanol, LLC • Industrial organic chemicals • South Dakota
This LETTER OF CREDIT APPLICATION, REIMBURSEMENT AND SECURITY AGREEMENT dated as of December 18, 2006 (the “Agreement”), is executed by and between MILLENNIUM ETHANOL, LLC, a South Dakota limited liability company (the “Borrower”), and FIRST BANK & TRUST, a South Dakota state bank (the “Lender”).
MILLENNIUM ETHANOL, LLC Operating Agreement Effective September 30, 2005Operating Agreement • April 30th, 2007 • Millennium Ethanol, LLC • South Dakota
The Sections in this Appendix E relate to allocations, distributions, tax matters, accounting, dissolution and other related matters. The numbering of the Sections is not sequential but the Sections are numbered to reflect the numbering conventions of certain forms.
TM Rural Water District Water User AgreementWater User Agreement • April 30th, 2007 • Millennium Ethanol, LLC
This Agreement for the sale and purchase of water is entered into and between TM Rural Water District, hereinafter referred to as “District” and Millennium Ethanol, hereinafter referred to as “Water User”.
