RECITALSEscrow Agreement • December 16th, 2004 • Green Plains Renewable Energy, Inc. • Utah
SHARES OF GREEN PLAINS RENEWABLE ENERGY $10.00 PER SHARE (WITH ACCOMPANYING WARRANT TO ACQUIRE 1/4 SHARE OF COMMON STOCK FOR EACH SHARE PURCHASED)Subscription Agreement • February 4th, 2005 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
October 5, 2004Services Agreement • December 16th, 2004 • Green Plains Renewable Energy, Inc. • Iowa
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 4th, 2020 • Green Plains Inc. • Industrial organic chemicals • New York
This CREDIT AGREEMENT is entered into as of July 1, 2015 among GREEN PLAINS OPERATING COMPANY LLC, a Delaware limited liability company (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
Green Plains Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • August 9th, 2021 • Green Plains Inc. • Industrial organic chemicals • New York
JEFFERIES LLC BOFA SECURITIES, INC. As Representatives of the several Underwriters c/o JEFFERIES LLC 520 Madison Avenue New York, New York 10022 c/o BofA Securities, Inc. One Bryant Park New York, New York 10036
GREEN PLAINS INC. Issuer AND WILMINGTON TRUST, NATIONAL ASSOCIATION Trustee INDENTURE Dated as of March 1, 2021Indenture • March 1st, 2021 • Green Plains Inc. • Industrial organic chemicals • New York
EXHIBIT 99.1 GREEN PLAINS RENEWABLE ENERGY SUBSCRIPTION AGREEMENT SHARES OF GREEN PLAINS RENEWABLE ENERGY $10.00 PER SHARE (WITH ACCOMPANYING WARRANT TO ACQUIRE 1/4 SHARE OF COMMON STOCK FOR EACH SHARE PURCHASED) INSTRUCTIONS TO INVESTORS: You must...Subscription Agreement • December 16th, 2004 • Green Plains Renewable Energy, Inc. • Iowa
RECITALSOption Agreement • December 16th, 2004 • Green Plains Renewable Energy, Inc. • Iowa
W I T N E S S E T H:Escrow Agreement • February 4th, 2005 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Iowa
GREEN PLAINS RENEWABLE ENERGY, INC. Public Offering of Common Stock PLACEMENT AGREEMENTPlacement Agreement • July 18th, 2006 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Delaware
The undersigned, Green Plains Renewable Energy, Inc., an Iowa corporation (the “Company”), hereby confirms its agreement with you as follows:
RECITALSOption Agreement • December 16th, 2004 • Green Plains Renewable Energy, Inc. • Iowa
FOURTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS AGENT) PNC BANK, NATIONAL ASSOCIATION AND THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO (AS LENDERS) WITH GREEN PLAINS TRADE GROUP LLC AND the other...Revolving Credit and Security Agreement • July 31st, 2017 • Green Plains Inc. • Industrial organic chemicals
Fourth Amended and Restated Revolving Credit and Security Agreement dated as of July 28, 2017 among GREEN PLAINS TRADE GROUP LLC, a limited liability company formed under the laws of the State of Delaware (“GPTG”), and each Person joined as a Borrower from time to time (each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 20, 2021 among GREEN PLAINS OPERATING COMPANY LLC, as the Borrower, THE GUARANTORS IDENTIFIED HEREIN, as the Guarantors, TMI TRUST COMPANY, as Administrative Agent, and THE LENDERS PARTY HERETOCredit Agreement • July 26th, 2021 • Green Plains Inc. • Industrial organic chemicals • New York
RECITALS:Share Exchange Agreement • February 27th, 2006 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Iowa
SHARES OF GREEN PLAINS RENEWABLE ENERGY $10.00 PER SHARE (WITH ACCOMPANYING WARRANT TO ACQUIRE 1/4 SHARE OF COMMON STOCK FOR EACH SHARE PURCHASED)Subscription Agreement • February 28th, 2005 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
ESCROW AGREEMENTEscrow Agreement • July 10th, 2006 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Delaware
This Escrow Agreement is made and entered into as of the 30th day of June, 2006, by and among ANDERSON & STRUDWICK, INCORPORATED, a Virginia corporation (the “Underwriter”), GREEN PLAINS RENEWABLE ENERGY, INC., an Iowa corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION (the “Escrow Agent”).
AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH GREEN PLAINS TRADE GROUP LLC AND the other Persons joined as borrowers from time to time (BORROWERS) Arranged by: PNC CAPITAL...Revolving Credit and Security Agreement • January 27th, 2011 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Illinois
Amended and Restated Revolving Credit and Security Agreement dated as of January 21, 2011 among Green Plains Trade Group LLC, a limited liability company formed under the laws of the State of Delaware (“GTRADE”), and each Person joined as a Borrower from time to time (each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 31st, 2023 • Green Plains Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of July 20, 2021 by and among GREEN PLAINS OPERATING COMPANY LLC, a Delaware limited liability company (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and ARGENT INSTITUTIONAL TRUST COMPANY, as successor to TMI TRUST COMPANY, as Administrative Agent.
SECURITY AGREEMENTSecurity Agreement • February 24th, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Minnesota
THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of July 2, 2009, by GREEN PLAINS ORD LLC, a Delaware limited liability company (“Debtor”), in favor of AGSTAR FINANCIAL SERVICES, PCA, and its successors and assigns, as Agent (in such capacity, the “Secured Party”) for the benefit of itself and the Banks.
AGREEMENT AND PLAN OF MERGER by and among GREEN PLAINS INC., GPLP HOLDINGS INC., GPLP MERER SUB LLC, GREEN PLAINS HOLDINGS LLC and GREEN PLAINS PARTNERS LP September 16, 2023Merger Agreement • September 18th, 2023 • Green Plains Inc. • Industrial organic chemicals • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of September 16, 2023 (this “Agreement”), is entered into by and among Green Plains Inc., an Iowa corporation (“Parent”), GPLP Holdings Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Holdings”), GPLP Merger Sub LLC, a Delaware limited liability company and a wholly owned Subsidiary of Holdings (“Merger Sub”), Green Plains Partners LP, a Delaware limited partnership (the “Partnership”), and Green Plains Holdings LLC, a Delaware limited liability company and the general partner of the Partnership (the “General Partner”). Certain capitalized terms used in this Agreement are defined in Article I.
SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (Maximum Indebtedness Not to Exceed $850,000,000.00)Second Lien Mortgage • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Mortgage”) is made as of April 5, 2018 by Green Plains Holdings II LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Mortgagor”), having an address at 1811 Aksarben Drive, Omaha, NE 68106, to BNP PARIBAS (“BNPP”), as Pari Passu Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Mortgagee”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • January 27th, 2021 • Green Plains Inc. • Industrial organic chemicals • Delaware
This This Asset Purchase Agreement (this “Agreement”) is made and entered into as of January 25, 2021, by and among Green Plains Partners LP, a Delaware limited partnership (the “Partnership”), Green Plains Holdings LLC, a Delaware limited liability company (the “General Partner”), Green Plains Operating Company LLC, a Delaware limited liability company (the “Operating Company”), Green Plains Ethanol Storage LLC, a Delaware limited liability company (“Ethanol Storage LLC”), and Green Plains Logistics LLC, a Delaware limited liability company (“Logistics” and collectively with the Partnership, the General Partner, the Operating Company, and Ethanol Storage LLC, “Sellers”), Green Plains Inc., an Iowa corporation (“Green Plains”), Green Plains Ord LLC (“Green Plains Ord”) and Green Plains Trade Group LLC, a Delaware limited liability company and Subsidiary of Green Plains (“Green Plains Trade Group”). Each of Sellers, Green Plains, Green Plains Ord and Green Plains Trade Group LLC are som
GREEN PLAINS RENEWABLE ENERGY, INC. NON-STATUTORY STOCK OPTION AGREEMENTNon-Statutory Stock Option Agreement • March 31st, 2009 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Iowa
THIS AGREEMENT is made as of October 15th, 2008, between Green Plains Renewable Energy, Inc., an Iowa corporation (the “Company”), and Steve Bleyl (the “Optionee”).
BETWEENLump Sum Design-Build Agreement • June 9th, 2006 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Minnesota
FARM CREDIT SERVICES OF AMERICA, FLCA SECURITY AGREEMENT THIS SECURITY AGREEMENT is executed and delivered by GREEN PLAINS RENEWABLE ENERGY, INC. (the "Debtor"), an Iowa corporation, having its place of business (or chief executive office if more than...Security Agreement • February 9th, 2006 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
OPERATIONAL SERVICES AND SECONDMENT AGREEMENTOperational Services and Secondment Agreement • July 6th, 2015 • Green Plains Inc. • Industrial organic chemicals • Delaware
This Operational Services and Secondment Agreement (this “Agreement”), dated as of July 1, 2015 (the “Effective Date”), is entered into among Green Plains Inc., an Iowa corporation (“GPRE”), and Green Plains Holdings LLC, a Delaware limited liability company (“GP”). GPRE and GP are sometimes herein referred to individually as a “Party” and collectively as the “Parties.”
EMPLOYMENT AGREEMENT This Employment Agreement (this "Agreement") is effective as of September 29, 2006, by and between GREEN PLAINS RENEWABLE ENERGY, INC., an Iowa corporation (the "Company"), and BRIAN LARSON, an individual (the "Executive"). In...Employment Agreement • October 16th, 2006 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Iowa
Prepared by and After Recording, Return to Jack Edelbrock c/o Mayer Brown LLP 71 S. Wacker Drive Chicago, Illinois 60606 Telephone: 312 701 7158Deed of Trust • June 16th, 2015 • Green Plains Inc. • Industrial organic chemicals
THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Deed of Trust”) is made as of June , 2015 by GREEN PLAINS WOOD RIVER LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Grantor”) having an address of 450 Regency Parkway, Suite 400, Omaha, NE 68114 to Fidelity National Title Insurance Company (“Trustee”), having an address at 2111 S 67th St., Omaha, NE 68106 for the use and benefit of BNP PARIBAS (“BNPP”), as Agent (as hereinafter defined), having an address of 787 Seventh Avenue, New York, NY 10019. Agent is the beneficiary under this Deed of Trust.
THIRD AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS AGENT) PNC BANK, NATIONAL ASSOCIATION AND THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO (AS LENDERS) WITH GREEN PLAINS TRADE GROUP LLC AND the other...Revolving Credit and Security Agreement • December 2nd, 2014 • Green Plains Inc. • Industrial organic chemicals • New York
Third Amended and Restated Revolving Credit and Security Agreement dated as of November 26, 2014 among GREEN PLAINS TRADE GROUP LLC, a limited liability company formed under the laws of the State of Delaware (“GPTG”), and each Person joined as a Borrower from time to time (each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
This document was prepared by and after recording should be returned to: Jack Edelbrock Mayer Brown LLPAmendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • June 16th, 2015 • Green Plains Inc. • Industrial organic chemicals
ASSET PURCHASE AGREEMENT Dated as of April 19, 2010 by and among GREEN PLAINS GRAIN COMPANY TN LLC, as the Buyer, and UNION CITY GRAIN COMPANY LLC, DYER GIN COMPANY, INC. and THOMAS W. WADE, JR. LIVING TRUST DATED JULY 25, 2002 Collectively as the...Asset Purchase Agreement • April 22nd, 2010 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Nebraska
This ASSET PURCHASE AGREEMENT (herein, together with the Annexes, Schedules and Exhibits attached hereto, referred to as this “Agreement”), dated as of April 19, 2010, by and among GREEN PLAINS GRAIN COMPANY TN LLC, a Delaware limited liability company (the “Buyer”), UNION CITY GRAIN COMPANY LLC, a Tennessee limited liability company, DYER GIN COMPANY, INC., a Tennessee corporation and THOMAS W. WADE, JR. LIVING TRUST DATED JULY 25, 2002 (each a Seller, and collectively the “Seller” or the “Selling Parties”) and Wade Gin Company, LLC (“Wade Gin”), with respect to certain sections as set forth herein (capitalized terms used in this Agreement are defined or otherwise referenced in Schedule 9.02),
EMPLOYMENT AGREEMENTEmployment Agreement • September 5th, 2017 • Green Plains Inc. • Industrial organic chemicals • Nebraska
This Employment Agreement (this “Agreement”) is effective as of the Effective Date defined herein, by and between GREEN PLAINS INC., an Iowa corporation (the “Company”), and JOHN NEPPL, an individual (“Executive”).
SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Deed of Trust”) is made as of April 5, 2018 by and among Green Plains Ord LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Grantor”), having an address at 1811 Aksarben Drive, Omaha, NE 68106, to Fidelity National Title Insurance Company (“Trustee”), having an address at 11600 College Boulevard, Suite 205, Overland Park, Kansas 66210, for the benefit of BNP PARIBAS (“BNPP”), as Pari Passu Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Beneficiary”).
MASTER LOAN AGREEMENTMaster Loan Agreement • November 1st, 2011 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals • Colorado
THIS MASTER LOAN AGREEMENT is entered into as of September 28, 2011, between FARM CREDIT SERVICES OF AMERICA, FLCA (“Farm Credit”) and GREEN PLAINS SHENANDOAH LLC, Shenandoah, Iowa (the “Company”).
REVOLVING NOTERevolving Note • November 3rd, 2011 • Green Plains Renewable Energy, Inc. • Industrial organic chemicals
