OPERATING AGREEMENT OF LINCOLNWAY ENERGY, LLC Dated May 19, 2004Operating Agreement • January 27th, 2006 • Lincolnway Energy, LLC • Iowa
THIS OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of the 19th day of May, 2004 (the “Effective Date”), by and among Lincolnway Energy, LLC, an Iowa limited liability company (the “Company”), each of the Persons (as hereinafter defined) who are identified as Members on the attached Exhibit “A” and who have executed a counterpart of this Agreement and a Subscription Agreement, 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 not otherwise defined herein shall have the meaning set forth in Section 1.10.
FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF LINCOLNWAY ENERGY, LLCOperating Agreement • May 4th, 2022 • Lincolnway Energy, LLC • Industrial organic chemicals • Iowa
THIS FIFTH AMENDED AND RESTATED OPERATING AGREEMENT ("Agreement") of Lincolnway Energy, LLC (the "Company") is effective as of __________, 2022.
DISTILLER’S GRAIN OFF-TAKE AGREEMENTDistiller’s Grain Off-Take Agreement • December 9th, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals • Nebraska
THIS DISTILLER’S GRAIN OFF-TAKE AGREEMENT (“Agreement”) is dated as of______________, by and between, Lincolnway Energy, LLC an Iowa limited liability company (“Producer”), and Gavilon Ingredients, LLC, a Delaware limited liability company (“Gavilon”) (each, a “Party”, and collectively, the “Parties”).
MASTER LOAN AGREEMENTMaster Loan Agreement • January 27th, 2006 • Lincolnway Energy, LLC • Colorado
THIS MASTER LOAN AGREEMENT is entered into as of March 24, 2005, between FARM CREDIT. SERVICES OF AMERICA, FLCA (“Farm Credit”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa (the “Company”).
CREDIT AGREEMENTCredit Agreement • July 18th, 2017 • Lincolnway Energy, LLC • Industrial organic chemicals • Colorado
THIS CREDIT AGREEMENT (this “Agreement”), dated as of July 3, 2017 is entered into by and between LINCOLNWAY ENERGY, LLC, Nevada, Iowa, a limited liability company (the “Borrower”), and FARM CREDIT SERVICES OF AMERICA, FLCA and FARM CREDIT SERVICES OF AMERICA, PCA (collectively, “Lender”).
DISTILLER’S GRAIN MARKETING AGREEMENTDistiller’s Grain Marketing Agreement • January 27th, 2006 • Lincolnway Energy, LLC • Iowa
THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of December 14, 2004, by Lincolnway Energy, LLC, an Iowa limited liability company (“Seller”), and Commodity Specialist Company, a Delaware corporation (“Buyer”).
AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENTOperating Agreement • March 6th, 2013 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT ("Amendment") is made and entered into as of the date set forth above the signatures to this Amendment by and among the Members of Lincolnway Energy, LLC (the "Company").
AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTERevolving Term Promissory Note • February 26th, 2018 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated July 3, 2017 (such agreement, as may be amended, hereinafter referred to as the “Credit Agreement”), is entered into as of February 23, 2018 between FARM CREDIT SERVICES OF AMERICA, FLCA, a federally-chartered instrumentality of the United States (“Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
COAL SUPPLY AGREEMENT BETWEEN WILLIAMS BULK TRANSFER INC. (“WBT”) AND LINCOLNWAY ENERGY, LLC (“LWE”)*Coal Supply Agreement • January 27th, 2006 • Lincolnway Energy, LLC • Iowa
This coal supply agreement (“Agreement”) is made and entered into as of this 14th day of July 2005, by and between Williams Bulk Transfer Inc., an Iowa Corporation with offices in Williams, Iowa (“WBT”), and Lincolnway Energy, LLC, an Iowa Corporation with offices in Nevada, Iowa (“LWE”).
AMENDED AND RESTATED LETTER OF CREDIT PROMISSORY NOTELetter of Credit Promissory Note • January 3rd, 2019 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED LETTER OF CREDIT PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated July 3, 2017 (such agreement, as may be amended, hereinafter referred to as the “Credit Agreement”), is entered into as of December 28, 2018 between FARM CREDIT SERVICES OF AMERICA, PCA, a federally-chartered instrumentality of the United States (“Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
AMENDED AND RESTATED LETTER OF CREDIT PROMISSORY NOTELetter of Credit Promissory Note • July 18th, 2017 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED LETTER OF CREDIT PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated July 3, 2017 (the “Credit Agreement”), is entered into as of July 3, 2017 between FARM CREDIT SERVICES OF AMERICA, PCA (“Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
ContractRevolving Credit Promissory Note • August 16th, 2021 • Lincolnway Energy, LLC • Industrial organic chemicals
AMENDED AND RESTATED REVOLVING CREDIT PROMISSORY NOTERevolving Credit Promissory Note • June 4th, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED REVOLVING CREDIT PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated July 3, 2017 (such agreement, as may be amended, hereinafter referred to as the “Credit Agreement”), is entered into as of May 29, 2020 between FARM CREDIT SERVICES OF AMERICA, PCA, a federally-chartered instrumentality of the United States (“Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
Letter of CreditRevolving Credit Supplement • January 4th, 2017 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated August 21, 2012 (the “MLA”), is entered into as of June 2, 2016 between FARM CREDIT SERVICES OF AMERICA, PCA (“Lead Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa (the “Company”), and amends and restates the Supplement dated August 31, 2015 and numbered R10218T03B.
LOGO] Iowa Department of Transportation Railroad Revolving Loan Fund AgreementLoan Agreement • January 27th, 2006 • Lincolnway Energy, LLC • Iowa
THIS AGREEMENT is made by and among the IOWA DEPARTMENT TRANSPORTATION, Modal Division, 800 Lincoln Way, Ames, Iowa 50010 (“Department” or “DOT”) and Lincolnway Energy, LLC, 22740 590th Ave. P.O. Box 433, Nevada, Iowa 50201-7962 (referred to as “Business”).
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • January 22nd, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS SEPARATION AGREEMENT AND GENERAL RELEASE is made and entered into this 17th day of January 2020, by and between Mike Hollenberg ("Employee") and Lincolnway Energy ("Employer").
REVOLVING TERM LOAN SUPPLEMENTRevolving Term Loan Supplement • January 4th, 2017 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated August 21, 2012 (the “MLA”), is entered into as of June 2, 2016 between FARM CREDIT SERVICES OF AMERICA, FLCA (“Lead Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa (the “Company”), and amends and restates the Supplement dated August 31, 2015 and numbered R10218T02G.
AMENDED AND RESTATED GRAIN HANDLING AGREEMENTGrain Handling Agreement • January 27th, 2006 • Lincolnway Energy, LLC • Iowa
THIS AMENDED AND RESTATED GRAIN HANDLING AGREEMENT (the “Agreement”) is made and entered into this 24th day of January, 2006 by and between Lincolnway Energy, LLC (“Lincolnway”), an Iowa limited liability company and Heart of Iowa Cooperative (“HOIC”), an Iowa Cooperative.
CoBANK COC)PUUU/1 CO HIECIFI) CC)MMII)[)E Loan No. 0003 1748T02-F AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTE THIS AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTE (this "Promissory Note") to the Credit Agreement dated July 3, 2017 (such...Revolving Term Promissory Note • May 19th, 2022 • Lincolnway Energy, LLC • Industrial organic chemicals
AMENDED AND RESTATED LETTER OF CREDIT PROMISSORY NOTELetter of Credit Promissory Note • July 12th, 2019 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED LETTER OF CREDIT PROMISSORY NOTE (this "Promissory Note") to the Credit Agreement dated July 3, 2017 (such agreement, as may be amended, hereinafter referred to as the "Credit Agreement"), is entered into as of June 23, 2019 between FARM CREDIT SERVICES OF AMERICA, PCA, a federally-chartered instrumentality of the United States ("Lender") and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
CORN PROCUREMENT AGREEMENTCorn Procurement Agreement • January 22nd, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals
This Corn Procurement Agreement (this "Agreement") is made and entered into to be effective as of January 24, 2020 (the "Effective Date") by and between Lincolnway Energy, LLC, an Iowa limited liability company ("LWE") and Innovative Ag Services Co, a cooperative under the laws of the State of Illinois ("Seller") (LWE and Seller may hereinafter from time to time be referred to, individually, as a "Party," and collectively are the “Parties” to this Agreement.
PREFERRED MEMBERSHIP UNIT PURCHASE AGREEMENTPreferred Membership Unit Purchase Agreement • April 3rd, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals • Iowa
THIS PREFERRED MEMBERSHIP UNIT PURCHASE AGREEMENT ("Agreement") is made as of March 31, 2020, by and between Lincolnway Energy, LLC, an Iowa limited liability company (the “Company”) and HALE, LLC, an Iowa limited liability company (the “Investor”) (collectively the "Parties").
CARBON DIOXIDE PURCHASE AND SALE AGREEMENTCarbon Dioxide Purchase and Sale Agreement • December 23rd, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals • Iowa
THIS CARBON DIOXIDE PURCHASE AND SALE AGREEMENT (this “Agreement”) is made this 16th day of April, 2010, between Lincolnway Energy, LLC (“Lincolnway”) and EPCO Carbon Dioxide Products, Inc. (“EPCO”). LINCOLNWAY and EPCO may collectively be referred to herein as the “Parties” or individually as a “Party”.
REVOLVING CREDIT SUPPLEMENTRevolving Credit Supplement • January 4th, 2017 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated August 21, 2012 (the “MLA”), is entered into as of June 2, 2016 between FARM CREDIT SERVICES OF AMERICA, PCA (“Lead Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa (the “Company”), and amends and restates the Supplement dated August 31, 2015 and numbered R10218S02D.
AMENDMENT NO. 2 ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • October 15th, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS Amendment No. 2 (“Amendment 2”), dated , 2020, is entered into by and between Eco-Energy, LLC., a Tennessee corporation with its registered office at 6100 Tower Circle, Suite 500, Franklin, Tennessee 37067 (“Eco”), and Lincolnway Energy an Iowa limited liability company, with its principal office located at 59511 West Lincoln Highway, Nevada, IA 50201 (“LWE”). Eco and LWE are hereinafter also referred to collectively as the “Parties.”
AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTERevolving Term Promissory Note • June 4th, 2020 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTE (this “Promissory Note”) to the Credit Agreement dated July 3, 2017 (such agreement, as may be amended, hereinafter referred to as the “Credit Agreement”), is entered into as of May 29, 2020 between FARM CREDIT SERVICES OF AMERICA, FLCA, a federally-chartered instrumentality of the United States (“Lender”) and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 3rd, 2019 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDMENT is entered into as of December 28, 2018, between LINCOLNWAY ENERGY, LLC Nevada, Iowa, a limited liability company (the “Borrower”), and FARM CREDIT SERVICES OF AMERICA, FLCA and FARM CREDIT SERVICES OF AMERICA, PCA (collectively, the “Lender”), a federally-chartered instrumentality of the United States. Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
AMENDMENT TO THE MASTER LOAN AGREEMENTMaster Loan Agreement • May 15th, 2013 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDMENT is entered into as of April 17, 2013, between FARM CREDIT SERVICES OF AMERICA, FLCA AND FARM CREDIT SERVICES OF AMERICA, PCA (collectively, “Lead Lender”) and Lincolnway Energy, LLC, Nevada, Iowa (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 15th, 2013 • Lincolnway Energy, LLC • Industrial organic chemicals • Iowa
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of the date set forth above the signatures to this Agreement, by and between Lincolnway Energy, LLC (the "Company"), and Eric Hakmiller ("Employee").
REVOLVING TERM LOAN SUPPLEMENTRevolving Term Loan Supplement • May 15th, 2013 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated August 21, 2012 (the “MLA”), is entered into as of April 17, 2013 between FARM CREDIT SERVICES OF AMERICA, FLCA (“Lead Lender”) and Lincolnway Energy, LLC, Nevada, Iowa (the “Company”), and amends and restates the Supplement dated November 8, 2012 and numbered RI0218T02D.
AMENDMENT TO DISTILLER'S GRAINS MARKETING AGREEMENTDistiller's Grains Marketing Agreement • December 21st, 2012 • Lincolnway Energy, LLC • Industrial organic chemicals • Iowa
This AMENDMENT TO DISTILLERS GRAINS MARKETING AGREEMENT (this "Amendment"), dated as of August 1, 2012, is entered into between HAWKEYE GOLD, LLC ("Gold"), and LINCOLNWAY ENERGY, LLC ("Producer").
AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 12th, 2019 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDMENT is entered into as of June 23, 2019, between LINCOLNWAY ENERGY, LLC Nevada, Iowa, a limited liability company (the "Borrower"), and FARM CREDIT SERVICES OF AMERICA, FLCA and FARM CREDIT SERVICES OF AMERICA, PCA, a federally-chartered instrumentality of the United States ("Lender"). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Agreement (as defined below).
Amendment to Employment AgreementEmployment Agreement • December 16th, 2019 • Lincolnway Energy, LLC • Industrial organic chemicals
This Amendment is made and entered into as of the date set forth above the signatures to this Amendment between Lincolnway Energy, LLC (“Company”) and Mike Hollenberg (“Employee”).
REVOLVING TERM LOAN SUPPLEMENTRevolving Term Loan Supplement • December 21st, 2012 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS SUPPLEMENT to the Master Loan Agreement dated August 21, 2012 (the "MLA"), is entered into as of August 21, 2012 FARM CREDIT SERVICES OF AMERICA, FLCA ("Lead Lender") and LINCOLNWAY ENERGY, LLC, Nevada Iowa (the "Company"), and amends and restates the Supplement dated March 24, 2005 as previously amended and numbered R10218T02.
AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTERevolving Term Promissory Note • October 11th, 2018 • Lincolnway Energy, LLC • Industrial organic chemicals
THIS AMENDED AND RESTATED REVOLVING TERM PROMISSORY NOTE (this "Promissory Note") to the Credit Agreement dated July 3, 2017 (such agreement, as may be amended, hereinafter referred to as the "Credit Agreement"), is entered into as of September 24, 2018 between FARM CREDIT SERVICES OF AMERICA, FLCA, a federally-chartered instrumentality of the United States ("Lender") and LINCOLNWAY ENERGY, LLC, Nevada, Iowa, 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.
