EXHIBIT 10.24 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 28th day of January, 2003, by and between Broin Enterprises, Inc., a South Dakota corporation doing business as Dakota Commodities, having its...Memorandum of Understanding • March 6th, 2003 • Whetstone Ethanol LLC • Industrial organic chemicals
AGREEMENTLicensing Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
NORTHERN GROWERS COOPERATIVE MILBANK, SD MANAGEMENT AGREEMENTManagement Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
NOTELoan Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
NORTHWESTERN PUBLIC SERVICE - SOUTH DAKOTA SERVICE REQUEST FORMGas Transportation Agreement • July 26th, 2002 • Whetstone Ethanol LLC
FIFTH AMENDED AND RESTATED OPERATING AGREEMENT NORTHERN GROWERS, LLC JULY 31, 2009Operating Agreement • August 6th, 2009 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Fifth Amended and Restated Operating Agreement of Northern Growers, LLC (the “Company”) dated as of the 31st day of July 2009, is executed and agreed to, for good and valuable consideration, by the Members (as defined below) and the Company.
POET AGREEMENT BETWEEN OWNER AND DESIGN BUILDERDesign-Build Agreement • May 10th, 2007 • Northern Growers LLC • Industrial organic chemicals
reserved rights, including copyright in those instruments of service furnished by them. Drawings, specifications, and other documents and electronic data are furnished for use solely with respect to this Agreement The Owner shall be permitted to retain copies, including reproducible copies, of the drawings, specifications, and other documents and electronic data furnished by the Design Builder for information and reference in connection with the Project except as provided in Subparagraphs 1.3.2 and 1.3.3.
RECITALS:Ethanol Marketing and Services Agreement • January 8th, 2003 • Whetstone Ethanol LLC • Industrial organic chemicals • South Dakota
ARTICLE ILoan Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
DEFINITIONSCorn Price Risk Management Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (CONSTRUCTION MORTGAGE)Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement • November 9th, 2007 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (this “Mortgage”) is made as of September 21, 2007, by Northern Lights Ethanol, LLC, a South Dakota limited liability company (“Borrower”), having its principal offices at Big Stone City, South Dakota, in favor of U.S. Bank National Association, a national banking association (“Lender”), having its principal offices at 141 North Main Avenue, Sioux Falls, South Dakota.
RECITALSSteam Sale Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
Certain information in this exhibit has been omitted and will be filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. TECHNOLOGY AND PATENT RIGHTS LICENSE AGREEMENTTechnology and Patent Rights License Agreement • November 14th, 2005 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Technology and Patent Rights License Agreement, (the “Agreement”), is made and entered into effective the 25th day of October, 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 Northern Lights Ethanol, LLC, a South Dakota limited liability company, located in Grant County, South Dakota (“Licensee”).
SECTION ONE LEASED PREMISESProperty Lease • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
Contract No. BF 20665 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY INDUSTRY TRACK AGREEMENT THIS AGREEMENT ("Agreement") made as of this 8th day of January, 2002, (hereinafter "Effective Date") by and between THE BURLINGTON NORTHERN AND SANTA...Industry Track Agreement • July 26th, 2002 • Whetstone Ethanol LLC
Exhibit 10.22 PROMISSORY NOTE (Renewal Note) (Variable Rate, Revolving Loan)Promissory Note • January 8th, 2003 • Whetstone Ethanol LLC • Industrial organic chemicals • South Dakota
FOR VALUE, RECEIVED, NORTHERN LIGHTS ETHANOL, LLC, a South Dakota Limited Liability Company ("Borrower"), hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a national banking association ("Lender", which term shall include any future holder hereof), at 141 N. Main Avenue, Sioux Falls, South Dakota, or at such other place as Lender may from time-to-time designate in writing, in lawful money of the United States of America, the principal sum of Five Million & 00/100 Dollars ($5,000,000.00) or so much thereof as may be advanced hereunder, including all amounts due or incurred by Borrower in accordance with the terms of the Loan Agreement between Borrower and Lender dated as of July 11, 2001, or due or incurred by Borrower under the terms of any other Loan Document as defined in such Loan Agreement.
FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND DESIGN BUILDERAgreement Between Owner and Design Builder • July 26th, 2002 • Whetstone Ethanol LLC
CORN and NATURAL GAS PRICE RISK MANAGEMENT AGREEMENTCorn and Natural Gas Price Risk Management Agreement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
THIS CORN and NATURAL GAS PRICE RISK MANAGEMENT AGREEMENT is made and entered into as of the 1st day of January, 2007 by and between Broin Management, LLC, a Minnesota limited liability company (“Manager”) and Northern Lights Ethanol, LLC an South Dakota limited liability company (the “Company”).
RECITALS:Access and Rail Agreement • July 26th, 2002 • Whetstone Ethanol LLC • Montana
EXHIBIT 10.6 DDGS MARKETING AND SERVICES AGREEMENT This Agreement is made and entered into this 8th day of March, 2002 by and between Northern Lights Ethanol, LLC (hereinafter referred to as "Company"), and Broin Enterprises, Inc. d/b/a Dakota...DDGS Marketing and Services Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
Exhibit 10.19 SECURITY AGREEMENT This Security Agreement is entered into between NORTHERN LIGHTS ETHANOL, LLC, a South Dakota limited company, whose principal place of business is Big Stone City, South Dakota, as grantor and obligor (the "Grantor"),...Security Agreement • January 8th, 2003 • Whetstone Ethanol LLC • Industrial organic chemicals • South Dakota
Exhibit 10.20 PROMISSORY NOTE (Renewal Note) (Variable Rate, Revolving Loan)Promissory Note • January 8th, 2003 • Whetstone Ethanol LLC • Industrial organic chemicals • South Dakota
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Amended and Restated Loan Agreement (this “Amended Loan Agreement”, “Loan Agreement” or “Agreement”) dated as of August 28, 2006, is by and between Northern Lights Ethanol, LLC, a South Dakota limited liability company (the “Borrower”), and U.S. Bank National Association, a national banking association (the “Lender”).
SECURITY AGREEMENTSecurity Agreement • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Security Agreement is entered into between NORTHERN LIGHTS ETHANOL, LLC, a South Dakota limited liability company, as grantor and obligor (the “Borrower”), and U.S. BANK NATIONAL ASSOCIATION (the “Secured Party”), is made effective August 28, 2006, and is executed and delivered by Borrower to Secured Party pursuant to that Amended and Restated Loan Agreement between Borrower and Secured Party dated as of August 28, 2006 (the “Loan Agreement”):
EXHIBIT 10.12 ELECTRIC SERVICE AGREEMENT This Agreement is made by and between Otter Tail Power Company ("Otter Tail"), a division of Otter Tail Corporation, duly established and existing under the laws of the State of Minnesota, having its principal...Electric Service Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
PROMISSORY NOTEPromissory Note • November 14th, 2006 • Northern Growers LLC • Industrial organic chemicals
FOR VALUE RECEIVED, NORTHERN LIGHTS ETHANOL, LLC, a South Dakota Limited Liability Company (“Borrower”), hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Lender”, which term shall include any future holder hereof), at 141 N. Main Avenue, Sioux Falls, South Dakota, or at such other place as Lender may from time-to-time designate in writing, in lawful money of the United States of America, the principal sum of Eight Million & 00/100 Dollars ($8,000,000.00) or so much thereof as may be advanced hereunder, including all amounts due or incurred by Borrower in accordance with the terms of the Amended and Restated Loan Agreement between Borrower and Lender dated as of August 28, 2006 (the “Amended Loan Agreement”), or due or incurred by Borrower under the terms of any other Loan Document as defined in such Amended Loan Agreement.
MANAGEMENT AGREEMENTManagement Agreement • May 16th, 2005 • Northern Growers LLC • Industrial organic chemicals
THIS MANAGEMENT AGREEMENT is made and entered into this 20th day of April, 2005, by and between Northern Lights Ethanol, LLC, a South Dakota limited liability company, (the “Company”) and Broin Management, LLC, a Minnesota limited liability company (“Broin Management”).
NORTHERN GROWERS, LLC AMENDMENT AND ADDENDUM TO OPERATING AGREEMENTOperating Agreement • March 30th, 2004 • Northern Growers LLC • Industrial organic chemicals
WHEREAS, Northern Growers, LLC (the “Company”) desires to create a Disclosure Committee for purposes of reviewing all necessary reports made to the Securities and Exchange Commission (SEC).
AMENDMENT NO.1 TO WATER AND FUEL OIL AGREEMENTWater and Fuel Oil Agreement • May 10th, 2007 • Northern Growers LLC • Industrial organic chemicals • South Dakota
THIS AMENDMENT NO. 1 TO WATER AND FUEL OIL AGREEMENT (this “Amendment”) is made as of March 21, 2007 (the “Effective Date”), by and among Otter Tail Corporation, d/b/a Otter Tail Power Company, as operating agent (“Offer Tail”) for Montana-Dakota Utilities Co., a division of MDU Resources Group, Inc., NorthWestern Energy, a division of NorthWestern Corporation, and Otter Tail Power Company (individually “Party” or “Owner” and collectively the “Parties” or “Big Stone Plant Co-Owners”), having its principle office at the offices of Otter Tail Power company, 215 South Cascade Street, City of Fergus Falls, State of Minnesota, and Northern Lights Ethanol, LLC, having its principal office at 1303 East Fourth Avenue, Milbank, South Dakota (“Northern Lights”).
AMENDMENT TO MANAGEMENT AGREEMENTManagement Agreement • November 14th, 2005 • Northern Growers LLC • Industrial organic chemicals
THIS AMENDMENT is made and entered as of this 25th day of October, 2005, by and between Northern Lights Ethanol, LLC, a South Dakota limited liability company, (the “Company”) and Broin Management, LLC, a Minnesota limited liability company (“Broin Management”).
Ethanol Marketing and Services AgreementEthanol Marketing and Services Agreement • May 10th, 2007 • Northern Growers LLC • Industrial organic chemicals • South Dakota
This Agreement is made and entered into this 24th day of April, 2007, by and between Northern Lights Ethanol, LLC having an address near Big Stone City. South Dakota (hereinafter referred to as Owner), and Ethanol Products, LLC d/b/a POET Ethanol Products having an address of 9530 B. 37th Street North, Wichita, Kansas 67226 (hereinafter referred to as Marketer).
Exhibit 10.23 MORTGAGE - COLLATERAL REAL ESTATE MORTGAGE; SECURITY AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF RENTS This Mortgage, Security Agreement, Fixture Filing and Assignment of Rents (the "Mortgage") is made as of the 31st day of December,...Mortgage - Collateral Real Estate Mortgage; Security Agreement, Fixture Filing and Assignment of Rents • January 8th, 2003 • Whetstone Ethanol LLC • Industrial organic chemicals • South Dakota
PROMISSORY NOTE (Variable Rate, Revolving Loan) (Second Renewal Note)Promissory Note • August 10th, 2009 • Northern Growers LLC • Industrial organic chemicals • South Dakota
FOR VALUE RECEIVED, NORTHERN LIGHTS ETHANOL, LLC, a South Dakota Limited Liability Company (“Borrower”), hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a national bunking association (“Lender”), which term shall include any future holder hereof), at 141 N. Main Avenue, Sioux Falls, South Dakota, or at such other place as Lender may from time-to-time designate in writing, in lawful money of the United States of America, the principal sum of Nine Million & 00/100 Dollars ($9,000,000.00) or so much thereof as may he advanced hereunder.
EXHIBIT 10.18 SECURITY AGREEMENT This Security Agreement is entered into between NORTHERN LIGHTS ETHANOL, LLC, a South Dakota limited company, whose principal place of business is Big Stone City, South Dakota, as grantor and obligor (the "Grantor"),...Security Agreement • July 26th, 2002 • Whetstone Ethanol LLC • South Dakota
PROMISSORY NOTE (Renewal Note) (Fixed Rate)Promissory Note • May 15th, 2003 • Northern Growers LLC • Industrial organic chemicals • South Dakota
FOR VALUE RECEIVED, NORTHERN LIGHTS ETHANOL, LLC, a South Dakota limited liability company (“Borrower”), hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Lender”), which term shall include any future holder hereof), at 141 N. Main Avenue, Sioux Falls, South Dakota, or at such other place as Lender may from time-to-time designate in writing, in lawful money of the United States of America, the principal sum of One Million Two Hundred Thousand Dollars ($1,200,000.00) or so much thereof as may be advanced hereunder, including all amounts due or incurred by Borrower in accordance with the terms of the Security Agreement between the Lender and Borrower dated December 15, 2002, and the terms of a Security Agreement between Lender and Borrower dated June 5, 2002, as each may subsequently be amended from time-to-time (the “Security Agreements”).
