Exhibit 10.9 ------------ EMPLOYMENT CONTRACT AGREEMENT made the 1st day of November, 2006 B E T W E E N: Richard J. Smith, of the City of Toronto in the Province of Ontario (the "Employee") - and - Northern Ethanol, Inc., a corporation incorporated...Employment Agreement • January 19th, 2007 • Northern Ethanol, Inc. • Blank checks • Ontario
EMPLOYMENT CONTRACT AGREEMENT made the 21st day of April, 2006 B E T W E E N: Ciaran Robert Griffin, of the City of Mississauga, in the Province of Ontario (the "Employee") - and - NORTHERN ETHANOL, INC., a corporation incorporated under the laws of...Employment Agreement • May 24th, 2006 • Beaconsfield I Inc • Blank checks • Ontario
OFFICE LEASE BASIC TERMS ( IF THERE IS ANY CONFLICT OR INCONSISTENCY BETWEEN THE BASIC TERM AND THE TERMS OF THE LEASE, THE TERM OF THE LEASE SHALL GOVERN AND OVERRIDE THE BASIC TERMS) 1. LANDLORD: Fercan Developments Inc.Office Lease • May 24th, 2006 • Beaconsfield I Inc • Blank checks • Ontario
THIS INDENTURE made as of the 20th day of April , 2006 IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT LANDLORD NAME AND ADDRESS FERCAN DEVELOPMENTS INC. 193 King Street East, Ste. 200 Toronto, ON M5A1J5 Telephone: 416 867 9899 Facsimile: 416 867 9675...Lease Agreement • May 24th, 2006 • Beaconsfield I Inc • Blank checks
EMPLOYMENT CONTRACT AGREEMENT made the 17th day of June, 2006 BETWEEN:Employment Agreement • August 7th, 2006 • Northern Ethanol, Inc. • Blank checks • Ontario
Rev 07 15 06 PROJECT DEVELOPMENT AGREEMENT BETWEEN NORTHERN ETHANOL (BARRIE) INC. AND DELTA-T CORPORATIONProject Development Agreement • October 12th, 2006 • Northern Ethanol, Inc. • Blank checks • Ontario
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • January 4th, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals • New York
THIS AGREEMENT, made as of December 18, 2007, between PRAXAIR, INC., a Delaware corporation having offices at 39 Old Ridgebury Road, Danbury, Connecticut 06810-5113 ("Seller"), and NORTHERN ETHANOL, LLC having offices at 193 King Street, Suite #300, Toronto, Ontario, Canada M5A 1J5 (“Purchaser").
December 5, 2006 Strictly Private and Confidential Mr. Gord Laschinger Chief Executive Officer Northern Ethanol, Inc. Suite 300 Toronto, Ontario Canada, M5A 1J5Engagement Letter • May 4th, 2007 • Northern Ethanol, Inc. • Blank checks • New York
This letter (the “Engagement Letter”) confirms the terms and conditions under which WestLB AG, New York Branch (“WestLB”) is engaged by Northern Ethanol, Inc. (the “Obligor”) to structure, arrange and distribute a senior secured construction and term debt facility of approximately US$[223,500,000.00]1 (the “Senior Construction/Term Facility”) and a subordinated secured debt facility of approximately US$[55,875,000.00] (the “Subordinated Facility” and, together with the Senior Construction/Term Facility, the “Debt Facility”) for the Borrowers (as defined below).
FIRST AMENDMENT TO LINE OF CREDIT AGREEMENTLine of Credit Agreement • January 31st, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals
Under this First Amendment (“First Amendment”) dated January 23, 2008 to the Line of Credit Agreement (the “Agreement”) dated July 9, 2007 between Northern Ethanol (Canada) Inc., an Ontario corporation, (the “Borrower”) and Aurora Beverage Corporation, an Ontario corporation, (the “Lender”), the Parties agree as follows:
TERM SHEET PLANT SPECIFICATIONS, SCOPE OF SERVICES AND COMMERCIAL TERMS CONFIDENTIALEngineering, Procurement, Construction Contract • March 25th, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals
This Term Sheet issued on 12th day of March, 2008 contains the basic terms upon which SK Engineering & Construction (hereinafter referred to as the “EPC Contractor”) and Northern Ethanol (Sarnia) Inc. as “Owner” (each of which may be referred to as a “Party” or jointly as “Parties”) may negotiate an Engineering, Procurement, Construction, Commissioning, Start-Up and Performance Test Run Assistance Contract (“EPC Contract”) for the construction of a dry mill ethanol plant to be located at 1265 Vidal Street, Sarnia, Ontario, as more specifically described herein (the “Project”). The EPC Contract is expected to be fixed price with a fixed delivery.
FEE AGREEMENTFee Agreement • August 22nd, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals
This FEE AGREEMENT (this “Agreement”) is entered into this 19th day of August, 2008, by and between the DEMC Capital LLC, a New Jersey limited liability company with its principal place of business located at 10B Clifton Blvd Unit 3, Clifton, NJ 07011 (the “Arranger”) and Northern Ethanol, Inc., a Delaware corporation with its principal place of business located at 193 King Street East, Suite 300, Toronto, Ontario Canada, M5A 1J5 (“Northern”).
THIRD AMENDMENT TO LINE OF CREDIT AGREEMENTLine of Credit Agreement • July 3rd, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals
Under this Third Amendment (“Second Amendment”) dated June 30, 2008 to the Line of Credit Agreement (the “Agreement”) dated July 9, 2007 and as amended by the First Amendment dated January 23, 2008 and by the Second amendment dated March 7, 2008 between Northern Ethanol (Canada) Inc., an Ontario corporation, (the “Borrower”) and LDR Properties Inc. (formerly Aurora Beverage Corporation), an Ontario corporation, (the “Lender”), the Parties agree as follows:
PROJECT DEVELOPMENT AGREEMENT PHASE 2 BETWEEN NORTHERN ETHANOL (SARNIA) INC. AND DELTA-T CORPORATIONProject Development Agreement • May 9th, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals • Ontario
THIS PROJECT DEVELOPMENT AGREEMENT PHASE 2 (“Agreement”) is entered into this 4th day of April, 2008 by and between Delta-T Corporation, a Virginia corporation (“DELTA-T”), and Northern Ethanol (Sarnia), Inc., an Ontariocorporation (“Client”), which parties may be referred to individually as a “Party” or jointly as the “Parties.”
AMENDING AGREEMENTPurchase and Sale Agreement • July 3rd, 2008 • Northern Ethanol, Inc. • Industrial organic chemicals
December 5, 2006 Strictly Private and Confidential Mr. Gord Laschinger Chief Executive Officer Northern Ethanol, Inc, Suite 300 Toronto, Ontario Canada, M5A 1J5Fee Letter • May 4th, 2007 • Northern Ethanol, Inc. • Blank checks
This letter (this “Fee Letter”) sets forth certain fees payable by the Obligor in connection with the Engagement Letter dated as of the date hereof (the “Engagement Letter”) between WestLB AG, New York Branch (“WestLB”) and Northern Ethanol, Inc., (the•”Obligor”). Unless otherwise indicated herein, capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Engagement Letter.
LINE OF CREDIT AGREEMENTLine of Credit Agreement • April 27th, 2007 • Northern Ethanol, Inc. • Blank checks • Ontario
This Line Of Credit Agreement (the “Agreement”) is made and entered into as of the 30 day of March 2007 (the “Effective Date”) between Northern Ethanol, Inc., a Delaware corporation (“NEI”), and Union Capital Trust (“UCT”), a trust formed pursuant to the laws of ____________. For purposes of this Agreement, each of NEI and UCT may be referred to individually as a “Party” and both NEI and UCT may be referred to together as the “Parties”.
LINE OF CREDIT AGREEMENTLine of Credit Agreement • August 1st, 2007 • Northern Ethanol, Inc. • Blank checks • Ontario
This Line of Credit Agreement (the “Agreement”) dated July 9, 2007 is between Northern Ethanol (Canada) Inc., an Ontario corporation, (the “Borrower”) and Aurora Beverage Corporation, an Ontario corporation, (the “Lender”).
AGREEMENT OF PURCHASE AND SALEPurchase and Sale Agreement • August 20th, 2007 • Northern Ethanol, Inc. • Blank checks • Ontario
LANXESS Inc., a corporation incorporated under the laws of Canada, with offices at P.O. Box 3001, 1265 Vidal Street South, Sarnia, Ontario, Canada
Mr. Gord Laschinger Chief Executive Officer Northern Ethanol Inc Suite 300 193 King Street East Toronto, Ontario. M5A 1J5 August 18, 2006 Mr. Gord Laschinger; Re: Agreement for Procurement and Merchandizing Services for Northern Ethanol In order for...Procurement and Merchandizing Services Agreement • October 12th, 2006 • Northern Ethanol, Inc. • Blank checks
In order for Parrish & Heimbecker Ltd and Northern Ethanol Inc. to adequately prepare their workforces and infrastructure for the opening of this new ethanol enterprise, this agreement is to formalize our discussion of the past several months and to confirm the brokerage proposal made by Parrish & Heimbecker to Northern Ethanol Inc. on March 31, 2006.
