AMENDMENT NO. 3 TO OPERATIONAL SERVICES AND SECONDMENT AGREEMENT
Exhibit 10.4(d)
AMENDMENT NO. 3 TO OPERATIONAL SERVICES AND SECONDMENT AGREEMENT
THIS AMENDMENT NO. 3 TO OPERATIONAL SERVICES AND SECONDMENT AGREEMENT (this “Amendment”), is entered into and effective as of November 15, 2018 (the “Effective Date”), by and between Green Plains Inc., an Iowa corporation (“GPRE”) and Green Plains Holdings LLC, a Delaware limited liability company (“GP”). GPRE and GP are sometimes herein referred to individually as a “Party” and collectively as the “Parties.”
WHEREAS, the Parties wish to amend the Operational Services and Secondment Agreement effective July 1, 2015, as amended, between the Parties (the “Agreement”) on the terms and conditions set forth herein. Terms used herein not defined herein shall have the meaning set forth in the Agreement.
NOW, THEREFORE, in consideration of the mutual premises of the Parties and covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties hereto agree as follows:
Exhibit A “Partnership Assets” is replaced in its entirety with the Exhibit A attached hereto and incorporated herein by reference.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first above written.
GREEN PLAINS INC.
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Signature: |
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Name: |
▇▇▇▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Chief Legal & Administration Officer |
GREEN PLAINS HOLDINGS LLC
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Signature: |
/s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ |
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Name: |
▇▇▇▇▇▇▇▇ ▇▇▇▇▇ |
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Title: |
Chief Legal & Administration Officer |
EXHIBIT A
Partnership Assets
The Partnership Assets consist of all above and below-ground equipment, facilities and improvements owned (in whole or in part) or leased by any Partnership Entities, or with respect to which any of the Partnership Entities have the right and/or obligation to operate and/or maintain, at each of the following locations (including each of the railcar assets):
Terminals
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Entity |
Terminal Address |
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BBTL, LLC |
▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ |
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Birmingham BioEnergy Partners, LLC |
▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ |
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BlendStar LLC |
n/a |
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Bossier City BioEnergy Partners, LLC |
▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ |
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▇▇▇▇▇▇▇ BioEnergy Partners, LLC |
▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ |
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Green Plains Capital Company LLC |
n/a |
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Green Plains Ethanol Storage LLC |
See Ethanol Storage location Annex Below |
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Green Plains Logistics LLC |
n/a |
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Green Plains Operating Company LLC |
n/a |
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n/a |
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Green Plains Trucking II LLC |
None |
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Little Rock BioEnergy Partners, LLC |
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ |
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Louisville BioEnergy Partners, LLC |
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Nashville BioEnergy Partners, LLC |
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Oklahoma City BioEnergy Partners, LLC |
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Green Plains Ethanol Storage LLC Locations Annex:
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Storage Tanks
The ethanol storage facilities and the real property related thereto at the following locations:
Atkinson, Nebraska
O’Neill, Nebraska
Central City, Nebraska
Fairmont, Minnesota
Hereford, Texas
Hopewell, Virginia
Madison, Illinois
Mount ▇▇▇▇▇▇, Indiana
Obion, Tennessee
Ord, Nebraska
Fergus Falls, Minnesota
Shenandoah, Iowa
Superior, Iowa
Wood River, Nebraska
York, Nebraska
Railcars
Approximately 3,040 leased railcars