EXHIBIT 10.3 ------------------------------------------------------------------ -------------- (Above space reserved for recording information) OPTION AGREEMENT IN CONSIDERATION of the sum of One and 00/100 dollars ($1.00) and other good and valuable...Option Agreement • February 6th, 2004 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals
EXHIBIT 10.5 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT ("AGREEMENT") is made effective as of the 9th day of July, 2004, by and between Glacial Lakes Energy, LLC a South Dakota limited liability company ("CONSULTANT"), and Granite Falls Community...Consulting Agreement • November 15th, 2004 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • November 1st, 2016 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS COMMERCIAL SECURITY AGREEMENT dated November 1, 2016 is made and executed between Granite Falls Energy, LLC ("Grantor") and Fagen Energy, LLC ("Lender").
Exhibit 4.2 AMENDED ESCROW AGREEMENT THIS AMENDED ESCROW AGREEMENT (this "Agreement") is made this day of 2003, by and between Granite Falls Community Ethanol Plant, LLC, a Minnesota limited liability company ("GFCEP") and Granite Falls Bank as escrow...Escrow Agreement • February 7th, 2003 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
GRANITE FALLS ENERGY, LLC SEVENTH AMENDED AND RESTATED OPERATING AGREEMENTOperating Agreement • September 9th, 2022 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS SEVENTH AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is made and entered into as of the Effective Date (as hereinafter defined), by and among Granite Falls Energy, LLC, a Minnesota limited liability company (the “Company”), each of the Persons (as hereinafter defined) who are identified as Members on the Membership Register of the Company and any other Persons as may from time-to-time be subsequently admitted as a Member of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.
ARTICLE 1Operating and Management Agreement • November 15th, 2004 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
Confidential material redacted and filed separately with the Commission. CORN OIL MARKETING AGREEMENTCorn Oil Marketing Agreement • June 14th, 2010 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS CORN OIL MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 29th day of April, 2010 (the “Effective Date”) by and between RPMG, INC., a Minnesota corporation (“RPMG”) and _Granite Falls Energy, a Minnesota Limited Liability company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
WITNESSETH:Escrow Agreement • February 12th, 2004 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
HERON LAKE BIOENERGY, LLC A Minnesota Limited Liability Company MEMBER CONTROL AGREEMENT (As Amended August 30, 2011) (Contains Restrictions On Transfer Of Interests)Member Control Agreement • August 12th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS MEMBER CONTROL AGREEMENT is hereby adopted and entered into effective as of the Effective Date (as defined below), by the Members (as defined below), pursuant to the provisions of the Act (as defined below), on the terms and conditions set forth herein.
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 5th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals • Colorado
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of ______________________________ is entered into by and between Granite Falls Energy, LLC, Granite Falls, Minnesota, a limited liability company (the “Borrower”), and AgCountry Farm Credit Services, PCA, AgCountry Farm Credit Services, FLCA, a federally-chartered instrumentality of the United States (“Lender”).
MANAGEMENT SERVICES AGREEMENT (INDEPENDENT CONTRACTOR AGREEMENT)Management Services Agreement • September 16th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
This MANAGEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into to be effective as of the 31st day of July, 2013, by and between Granite Falls Energy, LLC, a Minnesota Limited Liability Company (“GFE”) and Heron Lake BioEnergy, LLC, a Minnesota Limited Liability Company (“Heron”) and is as follows:
SUBSCRIPTION SUPPLEMENT AGREEMENTSubscription Supplement Agreement • September 16th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
This Subscription Supplement Agreement (this “Agreement”) is made and entered into as of July 31, 2013 (the “Effective Date”), by and among Heron Lake BioEnergy, LLC (the “Company”), Granite Falls Energy, LLC, a Minnesota limited liability company (“GFE”) and Project Viking, L.L.C., a Minnesota limited liability company (“Project Viking”) (each of the Company, GFE and Project Viking, a “Party” to this Agreement, and collectively, the “Parties”).
DISTILLERS GRAINS MARKETING AGREEMENTDistillers Grains Marketing Agreement • January 26th, 2011 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS DISTILLERS GRAINS MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 10th day of December, 2010 (the “Effective Date”) by and between RPMG, INC., a Minnesota corporation (“RPMG”) and Granite Falls Energy, LLC, a Minnesota limited liability company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
HERON LAKE BIOENERGY, LLC SUBSCRIPTION AGREEMENT INCLUDING INVESTMENT REPRESENTATIONSSubscription Agreement • August 12th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS SUBSCRIPTION AGREEMENT (this “Subscription Agreement”) is entered into and made effective on July 31, 2013, by and between Heron Lake BioEnergy, LLC, a Minnesota limited liability company with its principal executive office located at 91246 390th Avenue, P.O. Box 198, Heron Lake, Minnesota 56137 (the “Company”), and Project Viking, L.L.C., a Minnesota limited liability company (“Subscriber”).
PLEDGE AGREEMENTPledge Agreement • September 14th, 2017 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS PLEDGE AGREEMENT is entered into this 2nd day of August, 2017 between Granite Falls Energy, LLC, a Minnesota Limited Liability Company (hereinafter as "Grantor"); and Project Hawkeye, L.L.C. (hereinafter as "Lender").
July 30, 2004 Dear Investor: You previously subscribed to purchase membership units in our initial public offering. On July 1, 2004, we reached an agreement in principal with Glacial Lakes Energy, LLC of Watertown, South Dakota ("GLE") pursuant to...Membership Unit Purchase Agreement • July 29th, 2004 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals
AMENDMENT NO. 2 ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • September 1st, 2011 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS Amendment No. 2 (“Amendment 2'), dated August 30, 2011, is entered into by and between Eco-Energy, Inc., a Tennessee corporation with its registered office at 725 Cool Springs Boulevard, Suite 500, Franklin, Tennessee 37067 (“Eco”), and Granite Falls Energy, LLC (“GFE”), a Minnesota limited liability corporation with its main office at 15045 Highway 23 SE, Granite Falls, Minnesota 56241. Eco and GFE are hereinafter also referred to collectively as the “Parties.”
GRAIN PROCUREMENT AGREEMENT OF GRANITE FALLS COMMUNITY ETHANOL PLANT, LLC AND FARMERS COOPERATIVE ELEVATOR CO.Grain Procurement Agreement • November 15th, 2004 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • September 16th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
This MEMBERSHIP INTEREST PURCHASE AGREEMENT (the “Agreement”) is made effective this 31st day of July, 2013, by and between GRANITE FALLS ENERGY, LLC, a Minnesota limited liability company (the “Buyer”) and ROLAND J. FAGEN and DIANE K. FAGEN (the “Sellers”).
EXTENSION OF CLOSING DATE OF MEMBERSHIP UNIT PURCHASE AGREEMENTMembership Unit Purchase Agreement • July 10th, 2009 • Granite Falls Energy, LLC • Industrial organic chemicals
This Extension Amendment (this “Extension Amendment”) is made and entered into effective July 1, 2009, by and between Glacial Lakes Energy, LLC, a South Dakota limited liability company located in Watertown, South Dakota (“Seller”), and Fagen, Inc., a Minnesota corporation located in Granite Falls, Minnesota (“Buyer”).
REVOLVING CREDIT SUPPLEMENTRevolving Credit Supplement • September 16th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated August 22, 2012 (the “MLA”), is entered into as of July 26, 2013 between UNITED FCS, PCA (“Lead Lender”) and GRANITE FALLS ENERGY, LLC, Granite Falls, Minnesota (the “Company”), and amends and restates the Supplement dated August 22, 2012 and numbered RI1080S01.
MERGER AGREEMENTMerger Agreement • March 25th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS MERGER AGREEMENT (this "Agreement"), dated effective as of March 24, 2021 (“Effective Date”), sets forth the binding agreement between Granite Falls Energy, LLC, a Minnesota limited liability company ("Buyer"), and Heron Lake BioEnergy, LLC, a Minnesota limited liability company ("Company"), for Buyer’s acquisition of the Company by merger, on the terms and conditions set forth herein. The structure of the acquisition will be by merger of a to-be-formed wholly owned subsidiary of Buyer ("Merger Sub") with and into the Company, with the Company surviving the merger. The merger is referred to as the "Transaction" and Buyer, Merger Sub and the Company are referred to collectively as the "Parties."
Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.*** ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • March 16th, 2010 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT is entered into by and among Eco-Energy, Inc. (hereinafter “Eco”) a Tennessee Corporation with its main office located at 725 Cool Springs Blvd, Suite 500, Franklin, Tennessee 37067, and Granite Falls Energy, LLC (hereinafter “GFE”) a Minnesota Limited Liability Corporation with its main office located at 15045 Highway 23 SE, Granite Falls, Minnesota 56241.
VOTING AGREEMENTVoting Agreement • March 25th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
This Voting Agreement (this "Agreement"), dated as of March 24, 2021, is entered into by and among the undersigned governors (each, a "Governor") of Heron Lake BioEnergy, LLC, a Minnesota limited liability company (the "Company"), and Granite Falls Energy, LLC, a Minnesota limited liability company ("Parent"). Parent and Governor are each sometimes referred to herein individually as a "Party" and collectively as the "Parties."
PLAN OF MERGERMerger Agreement • March 25th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS PLAN OF MERGER (the “Plan”) is dated as of March 24, 2021, and is by and between GRANITE HERON MERGER SUB, LLC (“Merger Sub”) and HERON LAKE BIOENERGY, LLC (“HLBE”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Merger Agreement (as defined below).
VOTING AGREEMENTVoting Agreement • March 25th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
This Voting Agreement (this "Agreement"), dated as of March 24, 2021, is entered into by and between Granite Falls Energy, LLC, a Minnesota limited liability company ("Member"), and Heron Lake BioEnergy, LLC, a Minnesota limited liability company (the "Company"). Member and the Company are each sometimes referred to herein individually as a "Party" and collectively as the "Parties."
CONSENT TO ASSIGNMENT AND ASSUMPTION OF MARKETING AGREEMENTConsent to Assignment and Assumption of Marketing Agreement • September 13th, 2007 • Granite Falls Energy, LLC • Industrial organic chemicals
The undersigned and Commodity Specialists Company, a Delaware corporation (“CSC”), are parties to that certain Distillers Grain Marketing Agreement dated as of December 1, 2004 (the “Marketing Agreement”).
AGREEMENT REGARDING PLAN OF REORGANIZATIONAgreement Regarding Plan of Reorganization • May 16th, 2005 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
This Agreement Regarding Plan of Reorganization is dated as of May 3, 2005, (the “Agreement”) by and between Gopher State Ethanol LLC, a Delaware limited liability company (the “Company”), Granite Falls Energy, LLC, a Minnesota limited liability company (“Granite Falls”) and GS Acquisition Inc., a yet-to-be-formed Minnesota corporation (“GS”).
JOINT FILING AGREEMENTJoint Filing Agreement • August 12th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals
Each of the persons named below agrees to the joint filing of a statement on Schedule 13D (including amendments thereto) with respect to the Class A Units and the Class B Units of Heron Lake BioEnergy, LLC, and further agrees that this Joint Filing Agreement be included as an exhibit to such filing; provided, however, that no person shall be responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.
AMENDED AND RESTATED Revolving Term PROMISSORY NOTERevolving Term Promissory Note • October 5th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED Revolving Term PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated ____________________ (such agreement, as may be amended, hereinafter referred to as the “Credit Agreement”), is entered into as of ______________________ between AgCountry Farm Credit Services, FLCA, a federally-chartered instrumentality of the United States (“Lender”) and Granite Falls Energy, LLC, Granite Falls, Minnesota, a limited liability company (together with its permitted successors and assigns, the “Borrower”). Capitalized terms not otherwise defined in this Promissory Note will have the meanings set forth in the Credit Agreement.
ELECTRIC SERVICE AGREEMENTElectric Service Agreement • March 31st, 2005 • Granite Falls Community Ethanol Plant LLC • Industrial organic chemicals • Minnesota
This Agreement made and entered into August, 2004, by and between Minnesota Valley Cooperative Light and Power Association, Montevideo, Minnesota (hereinafter called the Cooperative) and Granite Falls Community Ethanol Plant, LLC, Granite Falls, Minnesota (hereinafter called the Customer).
THIRD AMENDMENT TO THE FIFTH AMENDED AND RESTATED OPERATING AND MEMBER CONTROL AGREEMENT OF GRANITE FALLS COMMUNITY ETHANOL PLANT, LLCOperating and Member Control Agreement • June 14th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS THIRD AMENDMENT TO THE FIFTH AMENDED AND RESTATED OPERATING AND MEMBER CONTROL AGREEMENT OF GRANITE FALLS COMMUNITY ETHANOL PLANT, LLC dated August 12, 2004 (the “Operating Agreement”) is adopted and approved effective as of the 21st day of March, 2013, by the affirmative vote of the holders of a majority of the outstanding Membership Units of Granite Falls Energy, LLC pursuant to Section 322B.37 of the Minnesota Statutes and pursuant to Section 8.1 of the Operating Agreement of the Company at a Meeting of the Members held on March 21, 2013.
AGREEMENT MN River Water Supply Facility Granite Falls Energy, LLC Granite Falls, MNConstruction Contract • January 29th, 2007 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS AGREEMENT is dated as of the 16th day of August in the year 2006 by and between Granite Falls Energy, LLC (hereinafter called OWNER) and Rice Lake Construction Group (hereinafter called CONTRACTOR).
CREDITOR AND DEBTORS AGREEMENTCreditor and Debtors Agreement • September 16th, 2013 • Granite Falls Energy, LLC • Industrial organic chemicals • Minnesota
This Creditor and Debtors Agreement (the “Agreement”) is made as of July 31, 2013 (the “Effective Date”) by and among Granite Falls Energy, LLC, a Minnesota limited liability company(“GFE”); Project Viking, L.L.C., a Minnesota limited liability company (“Viking”), Roland “Ron” J. Fagen (“Mr. Fagen”) and Granite Falls Bank (“Lender”).
Single Advance Term PROMISSORY NOTESingle Advance Term Promissory Note • October 5th, 2021 • Granite Falls Energy, LLC • Industrial organic chemicals
THIS Single Advance Term PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated ____________________ (such agreement, as may be amended, hereinafter referred to as the “Credit Agreement”), is entered into as of ______________________ between AGCOUNTRY FARM CREDIT SERVICES, FLCA, a federally-chartered instrumentality of the United States (“Lender”) and Granite Falls Energy, LLC, Granite Falls, Minnesota, a limited liability company (together with its permitted successors and assigns, the “Borrower”). Capitalized terms not otherwise defined in this Promissory Note will have the meanings set forth in the Credit Agreement.
