AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2007 • US BioEnergy CORP • Industrial organic chemicals
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of August 31, 2006 (the “Agreement”), is executed by and between PROVISTA RENEWABLE FUELS MARKETING, LLC, a Kansas limited liability company f/k/a United Bio Energy Fuels, LLC (the “Borrower”), which has its chief executive office located at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077, and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the “Bank”), whose address is 135 South LaSalle Street, Chicago, Illinois 60603.
TERMINATION AGREEMENT (AIRCRAFT LEASE AGREEMENT)Termination Agreement • November 6th, 2007 • US BioEnergy CORP • Industrial organic chemicals
THIS TERMINATION AGREEMENT (the “Termination Agreement”) is made and entered into effective as of the 31st day of October, 2007, between Capitaline Flight Services, LLC a South Dakota limited liability company, with its principal office in Brookings, South Dakota (“Lessor”); and US BioEnergy Corporation, a South Dakota corporation, with its principal office in Inver Grove Heights, Minnesota, (“Lessee”).
Certain Relationships between US BioEnergy Corporation, CHS, Inc. and Provista Renewable Fuels Marketing, LLCUS BioEnergy CORP • November 6th, 2007 • Industrial organic chemicals
We market our ethanol as well as ethanol produced by third-parties through Provista Renewable Fuels Marketing, LLC, a joint venture between us and CHS, Inc. On March 31, 2006, CHS acquired 50% ownership in our existing wholly-owned ethanol marketing business, Provista. Pursuant to this agreement, US BioEnergy and CHS each own 50% of the membership interest in Provista, entitling each to 50% of the financial rights and 50% of the voting rights with respect to Provista as its members. Provista is managed by CHS pursuant to a management agreement.
SECOND AMENDED AND RESTATED GUARANTYGuaranty • November 6th, 2007 • US BioEnergy CORP • Industrial organic chemicals • Illinois
This Second Amended and Restated Guaranty (“Amended Guaranty”), dated as of November 2, 2007, is made by US BioEnergy Corporation, a South Dakota corporation (the “Guarantor”), to and for the benefit of LaSalle Bank National Association, a national banking association (the “Bank”).
FIRST AMENDMENT TO THE AMENDED AND RESTATED SERVICES AGREEMENTServices Agreement • November 6th, 2007 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED SERVICES AGREEMENT is made and entered into as of the 1st day of November, 2007 (this “First Amendment”) by and between US BioEnergy Corporation, a corporation organized under the laws of the State of South Dakota with its executive office at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077 (the “Company”), and Capitaline Advisors, LLC, a limited liability company organized under the laws of the State of South Dakota with an office at 111 Main Avenue, Brookings, South Dakota 57006 (“Capitaline”).
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2007 • US BioEnergy CORP • Industrial organic chemicals • Illinois
This First Amendment to Amended and Restated Loan and Security Agreement dated as of January 30, 2007 (the “Amendment”), is executed by and among Provista Renewable Fuels Marketing, LLC, whose address is 5500 Cenex Drive, Inner Grove Heights, Minnesota 55077 (“Borrower”) and LaSalle Bank National Association, a national banking association (the “Bank”), whose address is 135 South La Salle Street, Chicago, Illinois 60603.
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2007 • US BioEnergy CORP • Industrial organic chemicals • Illinois
This Second Amendment to Amended and Restated Loan and Security Agreement dated as of November 2, 2007 (the “Amendment”), is executed by and among Provista Renewable Fuels Marketing, LLC, whose address is 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077 (“Borrower”), and LaSalle Bank National Association, a national banking association (the “Bank”), whose address is 135 South La Salle Street, Chicago, Illinois 60603.
