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”).
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.
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.
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”).
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”).
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”).
