US BioEnergy Corporation 9,375,000 Shares Common Stock ($0.01 par value per Share) Underwriting AgreementUnderwriting Agreement • December 11th, 2006 • US BioEnergy CORP • Industrial organic chemicals • New York
In addition, I have participated in conferences with officers and other representatives of the Company, Davenport, Evans, Hurwitz & Smith, L.L.P., special South Dakota counsel for the Company, representatives of the independent accountants of the Company and you and Sidley Austin LLP, your counsel, at which the contents of the Registration Statement and the Prospectus, the General Disclosure Package (as defined below) and related matters were discussed. I do not pass upon, or assume any responsibility for, the accuracy, completeness or fairness of the statements contained in the Registration Statement or the Prospectus or the General Disclosure Package and have made no independent check or verification thereof.
US BIOENERGY CORPORATION 2006 STOCK INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENTCorporation 2006 Stock Incentive Plan Restricted Stock Award Agreement • December 11th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”), dated as of _________, 20__ (the “Date of Grant”), is made by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and [_________] (the “Recipient”).
SHAREHOLDERS’ AGREEMENTShareholders’ Agreement • December 11th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
This SHAREHOLDERS’ AGREEMENT (as amended from time to time, this “Agreement”), dated as of December___, 2006, by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and each of the shareholders of the Company listed on the signature page hereto (together with any shareholder of the Company who subsequently becomes a party to this Agreement in accordance with the terms hereof, the “Shareholders” and each a “Shareholder”).
US BIOENERGY CORPORATION 2006 STOCK INCENTIVE PLAN NON-QUALIFIED STOCK OPTION AGREEMENTCorporation 2006 Stock Incentive Plan Non-Qualified Stock Option Agreement • December 11th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS NON-QUALIFIED STOCK OPTION AGREEMENT (this “Agreement”), dated as of _________, 20___ (the “Date of Grant”), is made by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and [_________] (the “Optionee”).
US BIOENERGY CORPORATION 2006 STOCK INCENTIVE PLAN INCENTIVE STOCK OPTION AGREEMENTCorporation 2006 Stock Incentive Plan Incentive Stock Option Agreement • December 11th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS INCENTIVE STOCK OPTION AGREEMENT (this “Agreement”), dated as of _________, 20___ (the “Date of Grant”), is made by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and [_________] (the “Optionee”).
