0001193125-12-097753 Sample Contracts

LIMITED LIABILITY COMPANY AGREEMENT OF FULCRUM SIERRA FINANCE COMPANY, LLC Dated as of February 14, 2012
Limited Liability Company Agreement • March 6th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • Delaware

This LIMITED LIABILITY COMPANY AGREEMENT of FULCRUM SIERRA FINANCE COMPANY, LLC (the “Company”), dated as of February 14, 2012, by and among Fulcrum Sierra Holdings, LLC, a Delaware limited liability company (“Fulcrum”), as the Manager, and the Members listed on the signature pages hereto. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in Section 2.1.

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SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF FULCRUM SIERRA BIOFUELS, LLC Dated as of February 14, 2012
Limited Liability Company Agreement • March 6th, 2012 • Fulcrum Bioenergy Inc • Industrial organic chemicals • Delaware

THIS SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) is executed and entered into by Fulcrum Sierra Finance Company, LLC, a Delaware limited liability company (the “Member”), the sole member of Fulcrum Sierra BioFuels, LLC, a Delaware limited liability company (the “Company”), as of February 14, 2012. All capitalized terms used but not otherwise defined herein shall have the meanings set forth in Section 1.9.

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