10,000 PER UNITSubscription Agreement • March 21st, 2005 • Siouxland Ethanol, LLC
Fax: (763) 689-3660Siouxland Ethanol, LLC • December 28th, 2006 • Industrial organic chemicals
The undersigned Purchaser hereby instructs U.S. Water Services to proceed with the equipment order described with the understanding that the Terms and Conditions shown on Pages 2 and 3, and are hereby incorporated as part of this Equipment Agreement. The Purchaser further understands that all quotes or estimates, if any, are based on the best information available prior to beginning work. As the scope of work, conditions, or estimated quantities change revised quotations or estimates will not be issued unless requested. All prices are subject to Federal, State and Local Sales and Use Taxes.
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICESForm of Agreement • March 21st, 2005 • Siouxland Ethanol, LLC • Nebraska
EXHIBIT 4.2 SIOUXLAND ETHANOL, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $10,000 PER UNIT MINIMUM INVESTMENT OF 2 UNITS ($20,000) 1 UNIT INCREMENTS THEREAFTER ($10,000) The undersigned subscriber, desiring to become a...Note and Security Agreement • July 1st, 2005 • Siouxland Ethanol, LLC • Industrial organic chemicals
Exhibit 10.9 AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this 17th day of December, 2004, between SIOUXLAND ETHANOL, LLC, JACKSON, NEBRASKA ("OWNER") and HDR ENGINEERING, INC., ("ENGINEER")...Agreement • March 21st, 2005 • Siouxland Ethanol, LLC
RECITALSEscrow Agreement • July 22nd, 2005 • Siouxland Ethanol, LLC • Industrial organic chemicals • Minnesota
Exhibit 10.8 OPTION TO PURCHASE REAL ESTATE This AGREEMENT is hereby entered into this 7th. day of January, 2005, by and between JOHN R. RYAN, of 1370 Moody Road, Jackson, Nebraska (hereinafter referred to as "Owner(s)") and SIOUXLAND ETHANOL, LLC,...Purchase Real Estate • March 21st, 2005 • Siouxland Ethanol, LLC
THE ASSOCIATED GENERAL CONTRACTORS OF AMERICAForm of Agreement • December 28th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Agreement has important legal and insurance consequences. Consultation with an attorney and insurance consultant is encouraged with respect to its completion or modification.
LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN SIOUXLAND ETHANOL, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) January 5, 2006License Agreement • February 14th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of January 5, 2006, (the “Effective Date”) by and between Siouxland Ethanol, LLC, a Nebraska limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
ContractLicense Agreement • February 14th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals
THIS LICENSE AGREEMENT (this “License Agreement”) is entered into and made effective as of the 30th day of September, 2005 (“Effective Date”) by and between Siouxland Ethanol, LLC, a Nebraska limited liability company (“OWNER”), and ICM, Inc., a Kansas corporation (“ICM”).
OFOperating Agreement • March 21st, 2005 • Siouxland Ethanol, LLC • Nebraska
PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN SIOUXLAND ETHANOL, LLC AND FAGEN ENGINEERING, LLC September 28, 2005Engineering Services Agreement • December 20th, 2005 • Siouxland Ethanol, LLC • Industrial organic chemicals • Minnesota
THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the “Agreement”) is made as of September 28, 2005, (the “Effective Date”) by and between Siouxland Ethanol, LLC, a Nebraska Limited Liability Company (the “Client”) and Fagen Engineering, LLC a Minnesota Limited Liability Company (the “Engineer”). Each of the Client and Engineer are referred to herein individually as a “Party” and collectively as the “Parties.”
TRINITY INDUSTRIES LEASING COMPANY RAILROAD CAR LEASE AGREEMENTLease Agreement • February 14th, 2007 • Siouxland Ethanol, LLC • Industrial organic chemicals • Delaware
Delaware corporation, with its principal office at 2525 Stemmons Freeway, Dallas, Texas 75207, (hereinafter called “Lessor”) and SiouxLand Ethanol, LLC, a Nebraska limited liability company, with its principal office at 110 East Elk Street, Jackson, Nebraska 68743 (hereinafter called “Lessee”).
Firm Throughput Service Agreement Rate Schedule TPXSiouxland Ethanol, LLC • May 15th, 2006 • Industrial organic chemicals
This transportation shall be provided pursuant to Subpart G of Part 284 of the Federal Energy Regulatory Commission’s regulations.
Farm Credit Services of America THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 31st, 2007 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Third Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 25th day of September, 2007, by and between Siouxland Ethanol, LLC (hereinafter referred to as “Borrower) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated May 4, 2006 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
Exhibit 10.4 LETTER OF INTENT DATE: October 29, 2004 PARTIES: FAGEN, INC., a Minnesota Corporation, of Granite Falls, MN ("Fagen") and SIOUXLAND ETHANOL, LLC of Jackson, Nebraska ("Owner") Owner is an entity organized to facilitate the development and...Siouxland Ethanol, LLC • March 21st, 2005
RECITALSEscrow Agreement • March 21st, 2005 • Siouxland Ethanol, LLC • Minnesota
Farm Credit Services of America EIGHT AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 14th, 2009 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Eighth Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 13th day of April, 2009, by and between Siouxland Ethanol, LLC (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated May 4, 2006 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
Rail Service and Construction Agreement Between Siouxland Ethanol, LLC and Nebraska Northeastern Railroad CompanyRail Service and Construction Agreement • February 14th, 2007 • Siouxland Ethanol, LLC • Industrial organic chemicals
THIS RAIL SERVICE AND CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into as of the 11th day of November, 2005 by and between SIOUXLAND ETHANOL, LLC, a Nebraska limited liability company with its principal offices in Jackson, Nebraska, (“Customer”), and NEBRASKA NORTHEASTERN RAILROAD COMPANY, a Nevada corporation with its principal offices in Dallas, Texas (“Railroad”).
Farm Credit Services of America SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 2nd, 2009 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Sixth Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 30th day of January, 2009, by and between Siouxland Ethanol, LLC (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated May 4, 2006 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
SIOUXLAND ETHANOL, LLC TO COMMUNITY REDEVELOPMENT AUTHORITY VILLAGE OF JACKSON, NEBRASKA TAX INCREMENT REVENUE BONDS (SIOUXLAND ETHANOL, LLC PROJECT) GUARANTY AGREEMENT Dated September 28, 2006Guaranty Agreement • December 28th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Nebraska
This Guaranty Agreement is dated September 28, 2006 (the “Guaranty”), from Siouxland Ethanol, LLC (“Guarantor”), to Wells Fargo Bank, National Association, as trustee (“Trustee”) for holders (“Holders”) of Community Redevelopment Authority of the Village of Jackson, Nebraska’s (“Authority”) Tax Increment Revenue Bonds, Taxable Series 2006A (Siouxland Ethanol, LLC Project) (the “Bonds”).
ETHANOL PRODUCT OFF-TAKE AGREEMENT BY AND AMONG SIOUXLAND ETHANOL, LLC AND GAVILON, LLCNote • May 20th, 2009 • Siouxland Ethanol, LLC • Industrial organic chemicals • Nebraska
This Ethanol Product Off-Take Agreement (the “Agreement”) is made effective as of this 1st day of May, 2009 (the “Effective Date”), by and among Siouxland Ethanol, LLC, a Nebraska limited liability company (“Producer”), and Gavilon, LLC, a Delaware limited liability company (“Gavilon”).
LANDFILL GAS PURCHASE AND SALE AGREEMENTLandfill Gas Purchase and Sale Agreement • August 14th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Nebraska
This Landfill Gas Sale & Agreement (“Agreement”) dated July 28, 2006 is made between Siouxland Ethanol, a Nebraska corporation (“Buyer”) and L.P. Gill, Inc. a Nebraska corporation (“Seller”).
Farm Credit Services of America FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 14th, 2007 • Siouxland Ethanol, LLC • Industrial organic chemicals
This First Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 27th day of October, 2006, by and between the undersigned (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated May 4, 2006 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement, underlying Notes and related Security Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
Farm Credit Services of America SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 23rd, 2009 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Seventh Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 19th day of February, 2009, by and between Siouxland Ethanol, LLC (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated May 4, 2006 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
POWER PURCHASE CONTRACT BETWEEN NORTHEAST NEBRASKA PUBLIC POWER DISTRICT AND SIOUXLAND ETHANOL, LLCPower Purchase Contract • May 21st, 2007 • Siouxland Ethanol, LLC • Industrial organic chemicals
THIS AGREEMENT, made and entered into as of the first day of April, 2007, by and between Northeast Nebraska Public power District (hereinafter called the “District’), a public power district organized under the laws of the State of Nebraska, and Siouxland Ethanol, LLC (hereinafter called, “Siouxland Ethanol”), a limited liability company authorized to conduct business under the laws of the State of Nebraska.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • December 28th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Nebraska
THIS DEBT SUBORDINATION AGREEMENT (“Agreement”) is made and entered into as of September 28, 2006, among Wells Fargo Bank, National Association, in Lincoln, Nebraska, as trustee (the “Creditor”) for the owners of the $4,030,000 Community Redevelopment Authority of the Village of Jackson, Nebraska, Tax Increment Revenue Bonds, Taxable Series 2006A (Siouxland Ethanol Plant Project) (the “Series 2006A Bonds”) pursuant to that certain Bond Resolution, dated as of July 20, 2006 (the “Bond Resolution”), and Siouxland Ethanol, LLC (“the Company”), and Farm Credit Services of America, FLCA (“FCSA”).
THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA [AGC SYMBOL] STANDARD FORM OF AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR (Where the Contract Price is a Lump Sum) TABLE OF ARTICLESSiouxland Ethanol, LLC • December 20th, 2005 • Industrial organic chemicals
ETHANOL MARKETING AGREEMENT*Ethanol Marketing Agreement • May 15th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Delaware
THIS ETHANOL MARKETING AGREEMENT the (“Agreement”) is entered into this 29th day of March, 2006, with an effective date as stipulated in Section 1 (a) below, by and between Archer Daniels Midland Co., a Delaware corporation with its principal place of business in Decatur, Illinois (“ADM”), and Siouxland Ethanol, LLC, a Nebraska limited liability company with its principal place of business in Jackson, Nebraska (“Siouxland”).
Farm Credit Services of America CREDIT AGREEMENTCredit Agreement • May 15th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Nebraska
This Credit Agreement (“Agreement”) dated as of May 4, 2006 by and between Farm Credit Services of America, FLCA (“Lender”) and Siouxland Ethanol, LLC (“Borrower”), in consideration of credit extended by Lender under the terms and conditions set forth below, the parties hereto agree as follows:
Farm Credit Services of America FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 14th, 2008 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Fifth Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 30th day of June, 2008, by and between Siouxland Ethanol, LLC (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated May 4, 2006 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
CONSTRUCTION MANAGEMENT SERVICES AGREEMENTConstruction Management Services Agreement • May 15th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals
This Agreement, dated October 1, 2005, is executed by and between Siouxland Ethanol, LLC (Company) and Timothy R. Smith, Sole Proprietorship, the (Consultant).
Form 5131 (9-2005) CTL 2: 102 CTL 3: 268 Customer No: 138039 Note No: 151 Note Date: October 14, 2005Agreement • December 20th, 2005 • Siouxland Ethanol, LLC • Industrial organic chemicals
For value received, I/we, the undersigned Maker(s), jointly and severally promise to pay in U.S. dollars to Farm Credit Services of America, PCA, Lender, at its office in Omaha, Nebraska, or order, the principal sum of SEVEN HUNDRED SIXTY THOUSAND, $760,000.00, (Maximum Principal Balance), plus interest on the principal remaining from time to time unpaid.
Exhibit 10.2 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the "Agreement") is made the 15th day of January, 2005 (the "Effective Date"), by and between BILL RIECHERS, a resident of the state of South Dakota ("Riechers") and DARRELL DOWNS, a...Consulting Agreement • March 21st, 2005 • Siouxland Ethanol, LLC • Nebraska
CONTRACTOR AGREEMENTContractor Agreement • August 14th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals
THIS AGREEMENT made this 1st day of May 2006, by and between Walsh-Hohenstein and Hohenstein Construction Co. hereinafter called the Contractor, and Siouxland Ethanol LLC hereinafter called the Owner.
