CONSENT AND AGREEMENTConsent and Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
This CONSENT AND AGREEMENT (this “Consent”), dated as of July 31 , 2012, among Gavilon, LLC, a Delaware limited liability company, Gavilon Ingredients, LLC, a Delaware limited liability company (“Gavilon Ingredients” and, together with Gavilon, LLC, the “Consenting Parties”), ABE South Dakota, LLC (f/k/a Heartland Grain Fuels, L.P.), a Delaware limited liability company (the “Borrower”), and Portigon AG, New York Branch (f/k/a WestLB AG, New York Branch), as collateral agent (together with its successors in such capacity, the “Collateral Agent”) for the lenders that are or from time to time may become a party to the Credit Agreement (collectively, the “Lenders”) and for the other senior secured parties referred to in the Credit Agreement.
ETHANOL MARKETING AGREEMENT ABE South Dakota, LLCEthanol Marketing Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS ETHANOL MARKETING AGREEMENT (the “Agreement”) is dated and made effective as of May 4, 2012 (the “Effective Date”), by and among ABE South Dakota, LLC, a Delaware limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”).
AMENDMENT NO. 1 TO DISTILLER’S GRAINS MARKETING AGREEMENT ABE South Dakota, LLCGrains Marketing Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO DISTILLER’S GRAINS MARKETING AGREEMENT (the “Amendment”) is dated and made effective as of July 31, 2012 (the “Effective Date”), by and between ABE South Dakota, LLC, a Delaware limited liability company (“Producer”), and Gavilon Ingredients, LLC, a Delaware limited liability company (“Gavilon”).
AMENDMENT NO. 1 TO RAIL CAR SUBLEASE AGREEMENTRail Car Sublease Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals
This Amendment No. 1 to Rail Car Sublease Agreement (“Amendment”) is made and entered into on the 31st day of July, 2012, by and among GAVILON, LLC, a Delaware limited liability company (“Gavilon”), ABE SOUTH DAKOTA, LLC, a Delaware limited liability company (“Producer”), and ABE Fairmont, LLC, a Delaware limited liability company (“Fairmont”) (collectively, the “Parties”).
AMENDMENT NO. 1 TO ETHANOL MARKETING AGREEMENT ABE South Dakota, LLCEthanol Marketing Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO ETHANOL MARKETING AGREEMENT (the “Amendment”) is dated and made effective as of July 31, 2012 (the “Effective Date”), by and between ABE South Dakota, LLC, a Delaware limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”).
RAIL CAR SUBLEASE AGREEMENTRail Car Sublease Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
This Rail Car Sublease Agreement (“Agreement”) is made and entered into on the 4th day of May, 2012, by and among GAVILON, LLC, a Delaware limited liability company (“Gavilon”), ABE SOUTH DAKOTA, LLC, a Delaware limited liability company (“Producer I”), and ABE Fairmont, LLC, a Delaware limited liability company (“Producer II”) (the entity performing under this Agreement in accordance with Section 1 herein, either Producer I or Producer II, being the “Producer”), and the Producer and Gavilon are herein collectively referred to as the “Parties” and individually referred to as a “Party”).
DISTILLER’S GRAINS MARKETING AGREEMENT ABE South Dakota, LLCS Grains Marketing Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS DISTILLER’S GRAINS MARKETING AGREEMENT (the “Agreement”) is dated and made effective as of May 4, 2012 (the “Effective Date”), by and among ABE South Dakota, LLC, a Delaware limited liability company (“Producer”), and Gavilon Ingredients, LLC, a Delaware limited liability company (“Gavilon”).
AMENDMENT NO. 1 TO ETHANOL MARKETING AGREEMENT ABE Fairmont, LLCEthanol Marketing Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO ETHANOL MARKETING AGREEMENT (the “Amendment”) is dated and made effective as of July 31, 2012 (the “Effective Date”), by and between ABE Fairmont, LLC, a Delaware limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”).
ETHANOL MARKETING AGREEMENT ABE Fairmont, LLCEthanol Marketing Agreement • August 14th, 2012 • Advanced BioEnergy, LLC • Industrial organic chemicals • Nebraska
THIS ETHANOL MARKETING AGREEMENT (the “Agreement”) is dated and made effective as of May 4, 2012 (the “Effective Date”), by and among ABE Fairmont, LLC, a Delaware limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”).
