Standard Contracts
LICENSING AGREEMENT FOR ETHANOL PRODUCTION PROCESSLicensing Agreement • February 28th, 2001 • Great Plains Ethanol LLC • South Dakota
Exhibit 10.11 [U.S. Energy Services, Inc. Letterhead] February 6, 2001 Brian Manish Great Plains Ethanol, LLC P.O. Box 217 Lennox, SD 57039 Dear Mr. Manish: The purpose of this letter is to set forth the understanding and agreement between U.S. Energy...Service Agreement • February 28th, 2001 • Great Plains Ethanol LLC • South Dakota
Exhibit 4.6 GREAT PLAINS ETHANOL, L.L.C. A SOUTH DAKOTA LIMITED LIABILITY COMPANY SUBSCRIPTION AGREEMENT Great Plains Ethanol, L.L.C. C/o Brian Minish, Chief Executive Officer P.O. Box 172 Lennox, SD 57039 Mr. Minish: The undersigned is of legal age...Subscription Agreement • February 28th, 2001 • Great Plains Ethanol LLC
Exhibit 10.9 AGREEMENT BETWEEN OWNER AND DESIGN BUILDER THIS AGREEMENT made as of this ____ day of __________ in the year of 2001 between the Owner, Great Plains Ethanol, LLC, PO Box 172, Lennox, SD 57039, and the Design Builder, Broin and Associates,...Design-Build Agreement • February 28th, 2001 • Great Plains Ethanol LLC
AGREEMENT BETWEEN OWNER AND DESIGN BUILDERDesign-Build Agreement • August 14th, 2007 • Great Plains Ethanol LLC • Industrial organic chemicals
RECITALS:Ethanol Marketing and Services Agreement • February 28th, 2001 • Great Plains Ethanol LLC • South Dakota
CREDIT AGREEMENT dated as of June 19, 2002 between GREAT PLAINS ETHANOL, LLC as Borrower and AGCOUNTRY FARM CREDIT SERVICES, FLCA as LenderCredit Agreement • June 26th, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals • North Dakota
THIS CREDIT AGREEMENT (this “Agreement”) is made and entered into as of June 19, 2002, by and between GREAT PLAINS ETHANOL, LLC, a South Dakota limited liability company (“Borrower”) and AGCOUNTRY FARM CREDIT SERVICES, FLCA (“Lender”).
SECURITY AGREEMENTSecurity Agreement • November 14th, 2007 • Great Plains Ethanol LLC • Industrial organic chemicals
THIS SECURITY AGREEMENT, dated as of August 10, 2007, between GREAT PLAINS ETHANOL, LLC, a South Dakota limited liability d/b/a POET Biorefining – Chancellor company (“Borrower”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (“Lender”).
FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF GREAT PLAINS ETHANOL, LLC February 17, 2005Operating Agreement • March 31st, 2005 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
This Fourth Amended and Restated Operating Agreement of GREAT PLAINS ETHANOL, LLC, is hereby adopted and entered into effective as of the 17th day of February, 2005, for good and valuable consideration, by the Members (as defined below). This Fourth Amended and Restated Operating Agreement amends and restates in its entirety that certain Third Amended and Restated Operating Agreement dated July 22, 2003 by and among the Members.
FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF GREAT PLAINS ETHANOL, LLC April 17, 2006Operating Agreement • May 15th, 2006 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
This Fifth Amended and Restated Operating Agreement of GREAT PLAINS ETHANOL, LLC, is hereby adopted and entered into effective as of the 17thnd day of April, 2006, for good and valuable consideration, by the Members (as defined below). This Fifth Amended and Restated Operating Agreement amends and restates in its entirety that certain Fourth Amended and Restated Operating Agreement dated February 17, 2005 by and among the Members.
FUTURE ADVANCE MORTGAGE AND SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS MORTGAGE – COLLATERAL REAL ESTATE MORTGAGEFuture Advance Mortgage and Security Agreement • November 14th, 2007 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
All buildings, improvements, personal property, fixtures, fittings and furnishings, now or hereafter attached to, located at, or placed in the improvements on the Land described herein including, without limitation all machinery, fittings, fixtures, apparatus, equipment or articles used to supply heating, gas, electricity, air conditioning, water, light, waste disposal, power, refrigeration, ventilation, and fire and sprinkler protection; all maintenance supplies and repair equipment; all draperies, carpeting, floor coverings, screens, storm windows and window coverings, blinds, awnings, shrubbery and plants; all elevators, escalators and shafts, motors, machinery, fittings and supplies necessary for their use; all building materials and supplies now or hereafter delivered to the Premises (it being understood that the enumeration of any specific articles of property shall in no way be held to exclude any items of property not specifically enumerated), as well as renewals, replacements,
DAKOTA COMMODITIES DDGS MARKETING CONTRACTDDGS Marketing Contract • February 28th, 2001 • Great Plains Ethanol LLC
TECHNOLOGY AND PATENT RIGHTS LICENSE AGREEMENTTechnology and Patent Rights License Agreement • May 16th, 2005 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
This Technology and Patent Rights License Agreement, (the “Agreement”), is made and entered into effective the 5th day of April, 2005 (the “Effective Date”), by and between Broin and Associates, Inc., a South Dakota corporation located at 2209 East 57th Street North, Sioux Falls, South Dakota 57104 (“Licensor”) and Great Plains Ethanol, LLC a South Dakota limited liability company, located at 27716 - 462nd Avenue, Chancellor, SD 57015, (“Licensee”).
PROMISSORY NOTE/LOAN AGREEMENTPromissory Note/Loan Agreement • March 27th, 2008 • Great Plains Ethanol LLC • Industrial organic chemicals
On the first day of each month the Interest Rate shall be adjusted by adding a margin of 3.00 percentage points to the index. This margin shall remain in effect until February 1, 2009, at which time Lender may change the margin at its discretion, and Lender may continue to change the margin at successive intervals of 1 year(s) each thereafter.
Dakota Commodities DDGS MARKETING CONTRACTDDGS Marketing Contract • March 4th, 2003 • Great Plains Ethanol LLC • Industrial organic chemicals
This DDGS Marketing Contract is made and entered into this 7th day of January, 2003, by and between Great Plains Ethanol, LLC having an address of Post Office Box 172, Lennox, South Dakota, 57039 (hereinafter referred to as Owner), and Broin Enterprises, Inc. d/b/a/ DAKOTA COMMODITIES, having an address of 851 Washington Street, Scotland, South Dakota, 57059 (hereinafter referred to as Marketer).
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • May 15th, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals
CORN PRICE RISK MANAGEMENT AGREEMENTCorn Price Risk Management Agreement • March 4th, 2003 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
THIS CORN PRICE RISK MANAGEMENT AGREEMENT is made and entered into as of the 27 day of Nov, 2002 by and between Broin Management, LLC, a Minnesota limited liability company (“Manager”) and Great Plains Ethanol, LLC, a South Dakota limited liability company (“Company”).
PROMISSORY NOTE MODIFICATION AGREEMENTPromissory Note Modification Agreement • March 31st, 2005 • Great Plains Ethanol LLC • Industrial organic chemicals
This Agreement is made as of February 28, 2005, between Home Federal Bank having its office at 225 South Main Avenue, Post Office Box 5000, Sioux Falls, South Dakota 57117-5000 (“Lender”) and Great Plains Ethanol LLC, 27716 462nd Ave., Chancellor, SD 57015 (“Borrower”).
HOME FEDERAL BANK PROMISSORY NOTE MODIFICATION AGREEMENTPromissory Note Modification Agreement • March 31st, 2006 • Great Plains Ethanol LLC • Industrial organic chemicals
This Agreement is made as of February 16, 2006, between Home Federal Bank having its office at 225 South Main Avenue, Post Office Box 5000, Sioux Falls, South Dakota 57117-5000 (“Lender”) and Great Plains Ethanol LLC, 27716 462nd Ave., Chancellor, SD 57015 (“Borrower”).
LICENSING AGREEMENT For Ethanol Production ProcessLicensing Agreement • April 1st, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
THIS LICENSING AGREEMENT is made and entered into this 20th day of November, 2001 by and between Broin and Associates, Inc., a South Dakota corporation located at 2209 East 57th Street North, Sioux Falls, SD 57104, (hereinafter referred to as “Licensor”) and Great Plains Ethanol, LLC, located at P.O. Box 172, Lennox, SD 57039 (hereinafter referred to as “Licensee”).
SERVICE AGREEMENTService Agreement • February 28th, 2001 • Great Plains Ethanol LLC
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • August 15th, 2005 • Great Plains Ethanol LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED SECURITY AGREEMENT is dated as of July 12, 2005, between GREAT PLAINS ETHANOL, LLC, a South Dakota limited liability company (“Borrower”), and AGCOUNTRY FARM CREDIT SERVICES, FLCA (“Lender”).
REFINANCE TERM LOAN NOTERefinance Term Loan Note • November 14th, 2007 • Great Plains Ethanol LLC • Industrial organic chemicals
FOR VALUE RECEIVED, the undersigned, Great Plains Ethanol, LLC, d/b/a POET Biorefining - Chancellor, a South Dakota limited liability company (“Borrower”), hereby promises to pay to the order of AgCountry Farm Credit Services, FLCA (together with any subsequent holder hereof, “Lender”) or its successors and assigns, at Post Office Box 6020, 1900 44th Street South, Fargo, North Dakota 58108, (a) on the Refinance Term Loan Maturity Date (as defined in the Master Credit Agreement between Borrower and Lender dated as of August 10, 2007 and the First Supplement to the Master Credit Agreement (Refinance Term Loan) between Borrower and Lender dated the same date (as the same may be amended, restated, supplemented or otherwise modified from time to time), collectively known as the “Credit Agreement”), the principal sum of Twenty Million and No/100) Dollars ($20,000,000.00) or so much of the unpaid principal amount of the Refinance Term Loan (as defined in the Credit Agreement) as has advanced
PROMISSORY NOTE/LOAN AGREEMENT (Adjustable Rate Term Loan — LIBOR Based)Promissory Note • June 26th, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals
This note is made pursuant to and subject to the provisions of the most recent Basic Membership and Lending Relationship Agreement between the parties.
SECOND AMENDMENT TO ETHANOL MARKETING AND SERVICES AGREEMENTEthanol Marketing and Services Agreement • March 21st, 2007 • Great Plains Ethanol LLC • Industrial organic chemicals
This Second Amendment to Ethanol Marketing and Services Agreement (the “Amendment”) is made on this 30th day of November, 2006, by and between Great Plains Ethanol, LLC located in Turner County, South Dakota, (“Owner”), and Ethanol Products, LLC, having an address of 9530 E. 37th N., Wichita, Kansas 67226 (“Marketer”).
Amendment and Addendum to Great Plains Ethanol, LLC Operating AgreementOperating Agreement • March 4th, 2003 • Great Plains Ethanol LLC • Industrial organic chemicals
This Amendment and Addendum to Operating Agreement is made and effective as of the Nov. 27, 2002 by and between Broin Management, LLC, a Minnesota limited liability company (the “Managing Member”), and Great Plains Ethanol, LLC, a South Dakota limited liability company (the “Company”).
CREDIT AGREEMENTCredit Agreement • November 15th, 2004 • Great Plains Ethanol LLC • Industrial organic chemicals
THIS FIRST AMENDMENT (the “Amendment”) to the CREDIT AGREEMENT dated June 19, 2002 (the “Agreement”), is made and entered into as of September 1, 2004, by and between GREAT PLAINS ETHANOL, L.L.C., a South Dakota limited liability company (“Borrower”) and AGCOUNTRY FARM CREDIT SERVICES, FLCA (“Lender”).
ELECTRIC SERVICE AGREEMENTElectric Service Agreement • November 15th, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
This Agreement made and entered into 9-25, 2002, by and between Southeastern Electric Cooperative, Inc., Marion, South Dakota (hereinafter called the Cooperative) and Great Plains Ethanol, L.L.C., Chancellor, South Dakota (hereinafter called the Customer).
Natural Gas Interstate Pipeline Transportation AgreementNatural Gas Interstate Pipeline Transportation Agreement • November 15th, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals
Overview: This Natural Gas Interstate Pipeline Transportation Agreement (“Agreement”), for the interstate transportation of natural gas on the Northern Natural Gas Pipeline System (NNG), is made and entered into by and between NorthWestern Services Group, Inc. (“NorthWestern”) and Great Plains Ethanol, LLC (“Customer”) this 2nd day of Sept., 2002. This Agreement shall become effective on the date Customer begins commercial operations (“Plant Start-Up Date”), which is assumed to be March 2003. Delivery of natural gas under this Agreement requires a new Town Border Station (TBS) and new pipeline facilities between NorthWestern and NNG. The TBS and new pipeline facilities will be constructed by NorthWestern. In addition, the new TBS and new pipeline facilities from the TBS to the Plant shall be owned and operated by NorthWestern. Terms and conditions related to the service on the TBS and new pipeline facilities are part of the Natural Gas Distribution Delivery Agreement dated Sept. 2, 200
United States Department of Agriculture Rural Development Rural Business- Cooperative Service - Rural Housing Service - Rural Utilities Service Washington, DC 20250 VALUE-ADDED AGRICULTURAL PRODUCT SET DEVELOPMENT GRANT AGREEMENT (VADG)Value-Added Agricultural Product Set Development Grant Agreement • April 1st, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals
This Grant Agreement (Agreement) dated September 20, 2001, between Dakota Corn Growers Cooperative d/b/a Great Plains Ethanol LLC (Grantee), and the United States of America, acting through the Rural Business-Cooperative Service of the Department of Agriculture (Grantor), for $401,704 in grant funds under the VADG program, delineates the agreement of the parties. NOW, THEREFORE, in consideration of the grant;
TRADING SERVICE AGREEMENTTrading Service Agreement • January 3rd, 2005 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT, is made and entered into this 31st day of December, 2004 by and between Great Plain Ethanol, LLC a South Dakota limited liability company with its principal offices located at 27716 462nd Avenue, Chancellor, South Dakota 57015 (hereinafter “Great Plains”), and Alerus Securities Corporation, with its principal offices located at 2300 Columbia Road South, Grand Forks, North Dakota 58201 (hereinafter “Alerus”).
Natural Gas Distribution Delivery AgreementNatural Gas Distribution Delivery Agreement • November 15th, 2002 • Great Plains Ethanol LLC • Industrial organic chemicals
COMMERCIAL LOAN AGREEMENT Single Advance LoanCommercial Loan Agreement • August 14th, 2003 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
DATE AND PARTIES. The date of this Commercial Loan Agreement (Agreement) is February 28, 2003. The parties and their addresses are as follows:
CONDITIONAL LOAN COMMITMENT November 2, 2001Loan Commitment • November 14th, 2001 • Great Plains Ethanol LLC • Industrial organic chemicals • North Dakota
TEMPORARY AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • March 27th, 2008 • Great Plains Ethanol LLC • Industrial organic chemicals • South Dakota
This Temporary Amendment to Purchase Agreement (“Agreement”) dated as of the date first set forth below (the “Effective Date”) is entered into by and between Great Plains Ethanol, LLC, a South Dakota limited liability company (the “Buyer”), with, for purposes of this Agreement, an address of 27716 462nd Ave., Chancellor, South Dakota 57015, and Mueller Pallets, LLC, a South Dakota limited liability company (the “Seller”), with, for the purposes of this Agreement, an address of 27059 Mueller Place, Sioux Falls, South Dakota 57108.
