PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN ADVANCED BIOENERGY LLC AND FAGEN ENGINEERING, LLC November 4, 2005Engineering Services Agreement • November 7th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals • Minnesota
THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the "Agreement") is made as of November 4, 2005, (the "Effective Date") by and between Advanced BioEnergy LLC, a [Indiana] limited liability company (the "Client") and Fagen Engineering, Inc. a Minnesota Limited Liability Company (the "Engineer"). Each of the Owner and Engineer are referred to herein individually as a "Party"and collectively as the "Parties."
ADVANCED BIOENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $10.00 per Unit Minimum Investment of 2,500 Units ($25,000) 100 Unit Increments Thereafter ($1,000)Note and Security Agreement • November 7th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
The undersigned subscriber, desiring to become a member of Advanced BioEnergy, LLC ("Advanced BioEnergy"), a Delaware limited liability company, with its principal place of business at 137 N. 8th Street, Geneva, Nebraska 68361, hereby subscribes for the purchase of the membership interests of Advanced BioEnergy, and agrees to pay the related purchase price, identified below.
LOCK-UP AGREEMENTLock-Up Agreement • November 7th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS LOCK-UP AGREEMENT (the "Agreement") is made and entered into this 4th day of November, 2005 by and between ADVANCED BIO-ENERGY, LLC (the "Company"), a Delaware limited liability company, REVIS L. STEPHENSON, III ("Stephenson"), BIOENERGY CAPITAL CONSULTANTS, LLC ("BioEnergy Consultants"), and HOLMES RESIDUARY TRUST ("Holmes Trust"). Stephenson, BioEnergy Consultants, and Holmes Trust are hereby collectively referred to herein as "Security Holders". The Agreement shall be filed with the Company.
FIRST AMENDMENT TO ESCROW AGREEMENTEscrow Agreement • November 7th, 2005 • Advanced BioEnergy, LLC • Industrial organic chemicals
This First Amendment to Escrow Agreement (the "Agreement") dated as of November 3, 2005 is by and between, Advanced BioEnergy, LLC, a Delaware limited liability company (the "Company") and the Geneva State Bank (the "Escrow Agent"), (the "Escrow Agent" and the "Company" may also be hereinafter referred to as the "Parties").
