MASTER LOAN AGREEMENT by and among OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company and AGSTAR FINANCIAL SERVICES, PCA dated as of March 28,2007Master Loan Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
DISTILLER’S GRAIN MARKETING AGREEMENTDistiller’s Grain Marketing Agreement • April 30th, 2008 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals • Minnesota
THIS DISTILLER’S GRAIN MARKETING AGREEMENT (the “Agreement”), is entered into effective as of February 25 2008, by and between Ottertail Ag Enterprises, LLC, a Minnesota limited liability company (“Seller”) and CHS Inc., a Minnesota cooperative corporation (“Buyer”).
THIRD SUPPLEMENT TO THE MASTER LOAN AGREEMENT (REVOLVING LINE OF CREDIT LOAN)Master Loan Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS THIRD SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “Third Supplement”), effective as of March 28, 2007, is between AGSTAR FINANCIAL SERVICES, PCA (the “Lender”) and OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (the “Borrower”), and supplements and incorporates all of the provisions of that certain Master Loan Agreement, dated as of even date herewith, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
JOB OPPORTUNITY BUILDING ZONE BUSINESS SUBSIDY AGREEMENTBusiness Subsidy Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
INTERCREDITOR AGREEMENTIntercreditor Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
This INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of March 28, 2007, by and among AGSTAR FINANCIAL SERVICES, PCA, a federal instrumentality (“AgStar”), MMCDC NEW MARKETS FUND II, LLC, a Delaware limited liability company (“NMF”), U.S. BANK, NATIONAL ASSOCIATION, as Trustee for the holders of the $20,000,000,00 Otter Tail County, Minnesota, Subordinate Exempt Facility Revenue Bonds (Otter Tail AG Enterprises, LLC Ethanol Plant Project) Series 2007 (the “Trustee”), and OTTER TAIL COUNTY, MINNESOTA, a political subdivision of the State of Minnesota (the “County”).
EMPLOYMENT AGREEMENT CHIEF EXECUTIVE OFFICEREmployment Agreement • January 13th, 2009 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals • Minnesota
This Employment Agreement (“Agreement”) is made effective the 1st day of December, 2008, by and between Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company (“Company”), and Anthony J. Hicks, a Minnesota resident (“Executive”).
COLLABORATION AGREEMENTCollaboration Agreement • April 30th, 2008 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals • Minnesota
COLLABORATION AGREEMENT made by Agricultural Utilization Research Institute (AURI)/Minnesota’s Center For Producer-Owned Energy hereinafter referred to as Agricultural Innovation Center (AIC) and Otter Tail Ag Enterprises, LLC, Federal Tax Identification Number 41-2171784, and State Tax Identification Number 8299772 AURI Project Number AIC-047.
RPMG RENEWABLE PRODUCTS Marketing Group ETHANOL FUEL MARKETING AGREEMENTEthanol Fuel Marketing Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS AGREEMENT, entered into this th day of , 2006, by and between RENEWABLE PRODUCTS MARKETING GROUP, L.L.C., hereinafter referred to as “RENEWABLE PRODUCTS”; and OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company, hereinafter referred to as “OTTER TAIL AG.”
AGREEMENT REGARDING CORN PROCUREMENTCorn Procurement Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS AGREEMENT REGARDING CORN PROCUREMENT (this “Agreement”) is made effective as of February 1, 2007, (the “Effective Date”) by and between CHS Inc., with offices at 5500 Cenex Drive, Inver Grove Heights, MN 55077 (“CHS”), and Otter Tail Ag Enterprises, LLC, whose address for purposes of notice is P.O. Box 492, Fergus Falls, MN 56538-0492 (“Customer”). Any reference herein to a “Party” shall refer to CHS or Customer individually, and any reference herein to “Parties” shall refer to both CHS and Customer.
EMPLOYMENT AGREEMENTEmployment Agreement • December 31st, 2009 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals • Minnesota
This Employment Agreement ("Agreement"), originally made effective the 1st day of December, 2008, as amended and restated effective September 9, 2009, is by and between Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company (“Company”), and Anthony Hicks, a Minnesota resident ("Executive").
to Revolving Line of Credit Note Dated March 28, 2007Revolving Line of Credit Note • April 30th, 2008 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals
THIS ALLONGE is made and entered into as of the 1st day of April 2008, by and between OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (the “Borrower”) and AGSTAR FINANCIAL SERVICES, PCA (the “Lender”).
Project No.: 0001Construction Contract • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
A Excavation of storm water pond; construction of mechanical contractor staging area; establishment of subgrade for semi parking, dryer road, ethanol storage road, and southwest outbound road; and placement of 6 inches of class 5 modified aggregate and installation of associated storm sewer/culvert. Establish subgrade for DDGS, DD&E and Maintenance Building November 10, 2006 $5,000 per day
NATURAL GAS SERVICES AGREEMENTNatural Gas Services Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
This Natural Gas Services Agreement (“Agreement”) is made and entered into with effect as of the 23rd day of May, 2006 by and between BP Canada Energy Marketing Corp., (“BP”) and Otter Tail Ag Enterprises, LLC (“Customer”). BP and Customer are also referred to individually as “Party” and collectively as “Parties”.
FORBEARANCE AGREEMENTForbearance Agreement • March 26th, 2009 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals • Minnesota
THIS FORBEARANCE AGREEMENT (the “Agreement”) is made as of this 20th day of March, 2009 (the “Effective Date”), between OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (“Borrower”) and AGSTAR FINANCIAL SERVICES, PCA, a United States instrumentality (“Lender”).
CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS CONSTRUCTION AND TERM LOAN AGREEMENT (this “Agreement”), dated as of March 30, 2007 between MMCDC NEW MARKETS FUND II, LLC, a Delaware limited liability company (the “Lender”) and OTTER TAIL AG ENTERPRISES, LLC, Minnesota limited liability company (the “Borrower”).
CONSTRUCTION NOTEConstruction Note • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
LICENSE OF TECHNOLOGY BETWEENLicense Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS AGREEMENT (hereinafter called LICENSE OF TECHNOLOGY or this “License”) made this 24th day of October, 2006 by and between Delta-T Corporation, a Virginia corporation, (“Delta-T”), and Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company, ( “Owner”), each of which may be referred to individually as a “Party,” or jointly as the “Parties.”
4,694,500.00 March 30, 2007Subordinate Loan Note • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
DISTILLER’S GRAIN PURCHASE AGREEMENTDistiller’s Grain Purchase Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS DISTILLER’S GRAIN PURCHASE AGREEMENT (the “Agreement”), is entered into effective as of January 11, 2008 (the “Effective Date”), by Ottertail Ag. Enterprises LLC, a Minnesota Limited Liability Company whose address is 24096 170th Avenue, Fergus Falls Minnesota, 56537 (“Seller”) and Bilden Farms, LLC, a Minnesota Limited Liability Company whose address is 20898 County Highway 24, Erhard, MN 56534 (“Buyer”).
ALLONGE to Term Revolving Note dated March 28, 2007Term Revolving Note • April 30th, 2008 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals
THIS ALLONGE is made and entered into as of the 1st day of April 2008, by and between OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (the “Borrower”) and AGSTAR FINANCIAL SERVICES, PCA (the “Lender”).
ENGINEERING, PROCUREMENT AND CONSTRUCTION SERVICES FIXED PRICE CONTRACT BETWEEN WOESSNER CONSTRUCTION, INC. AND OTTER TAIL AG ENTERPRISES, LLC DATED: JANUARY 9, 2007Construction Services Contract • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS “CONTRACT”, IS made this 9th day of January, 2007, by and between Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company organized and acting under and pursuant to the laws of Minnesota and having its main place of business at 1220 North Tower Road, Suite 201, Fergus Falls, Minnesota 56537 (hereinafter called the “Owner”) and Woessner Construction, Inc., a corporation organized and acting under and pursuant to the laws of the State of Minnesota and having its main place of business at 216 East Junius Avenue, Fergus Falls, MN 56537 (hereinafter called “Woessner”). Owner and Knutson may sometimes be referred to herein individually as a “Party” or jointly as the “Parties.”
EMPLOYMENT AGREEMENT CHIEF EXECUTIVE OFFICER/GENERAL MANAGEREmployment Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
This Employment Agreement (“Agreement”) is made and effective the 12th day of May, 2006, by and between Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company (“Company”), and Kelly Longtin, a Minnesota resident (“Executive”).
Base Contract for Sale and Purchase of Natural GasBase Contract for Sale and Purchase of Natural Gas • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box, the specified default provision shall apply. Select only one box from each section:
SECOND SUPPLEMENT TO THE MASTER LOAN AGREEMENT (TERM REVOLVING LOAN)Second Supplement to the Master Loan Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS SECOND SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “Second Supplement”), dated as of March 28, 2007, is between AGSTAR FINANCIAL SERVICES, PCA (the “Lender”) and OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (the “Borrower”), and supplements and incorporates all of the provisions of that certain Master Loan Agreement, dated as of even date herewith, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
OTTER TAIL VALLEY RAILROAD COMPANY AND BNSF RAILWAY COMPANY LEASE OF LAND FOR CONSTRUCTION/REHABILITATION OF TRACKLease of Land for Construction/Rehabilitation of Track • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS LEASE OF LAND FOR CONSTRUCTION/REHABILITATION OF TRACK (“Lease”) is made as of the first day of October, 2006 (“Effective Date”), by and between BNSF RAILWAY COMPANY, a Delaware corporation (hereinafter called “BNSF”), Otter Tail Valley Railroad Company, Inc., a Minnesota corporation (hereinafter called “OTVR”), (hereinafter BNSF & OTVR together are called “Railroad”) and OTTER TAIL AG ENTERPRISES, a corporation, formed under the Laws (as hereinafter defined) of Minnesota, (hereinafter, whether one party or more, called “Industry”).
OTTER TAIL AG ENTERPRISES, LLC A Minnesota Limited Liability Company OPERATING AND MEMBER CONTROL AGREEMENT (Contains Restrictions On Transfer Of Interests) Dated Effective January 20, 2006Operating and Member Control Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS OPERATING AND 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.
TERM REVOLVING NOTETerm Revolving Note • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
ENGINEERING, PROCUREMENT AND CONSTRUCTION SERVICES FIXED PRICE CONTRACT BETWEEN HARRIS MECHANICAL CONTRACTING COMPANY AND OTTER TAIL AG ENTERPRISES, LLC DATED: OCTOBER 24, 2006Engineering, Procurement and Construction Services Fixed Price Contract • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
THIS CONTRACT, Is made this 24th day of October, 2006, by and between Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company organized and acting under and pursuant to the laws of Minnesota and having its main place of business at 1220 North Tower Road, Suite 201, Fergus Falls, Minnesota 56537 (hereinafter called the “Owner”) and Harris Mechanical Contracting Company, a corporation organized and acting under and pursuant to the laws of the State of Minnesota and having its main place of business at 909 Montreal Circle, St. Paul, MN 55102 (hereinafter called “Harris Mechanical”). Owner and Harris Mechanical may sometimes be referred to herein individually as a “Party” or jointly as the “Parties.”
LEASE AGREEMENT BETWEEN OTTER TAIL COUNTY, MINNESOTA AND OTTER TAIL AG ENTERPRISES, LLC SUBORDINATE EXEMPT FACILITY REVENUE BONDS, SERIES 2007A (OTTER TAIL AG ENTERPRISES, LLC ETHANOL PLANT PROJECT) and GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES...Lease Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC • Minnesota
FIRST SUPPLEMENT TO THE MASTER LOAN AGREEMENT (CONSTRUCTION AND TERM LOAN)Master Loan Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS FIRST SUPPLEMENT TO THE MASTER LOAN AGREEMENT (this “First Supplement”), dated as of March 28, 2007, is between AGSTAR FINANCIAL SERVICES, PCA (the “Lender”) and OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (the “Borrower”), and supplements and incorporates all of the provisions of that certain Master Loan Agreement, dated as of even date herewith, between the Lender and the Borrower (as the same may be amended, modified, supplemented, extended or restated from time to time, the “MLA”).
GAS TRANSPORTATION AGREEMENTGas Transportation Agreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS AGREEMENT is by and between GREAT PLAINS NATURAL GAS CO., a Division of MDU Resources Group, Inc. (“Company”), and OTTER TAIL AG ENTERPRISES. LLC (“Customer”) and is effective 9:00 a.m. CCT on the 1 day of September, 2007.
TRINITY INDUSTRIES LEASING COMPANY RAILROAD CAR LEASE AGREEMENTRailroad Car Lease Agreement • April 30th, 2008 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals • Texas
This Agreement, made this 21st day of February, 2008, between Trinity Industries Leasing Company, a Delaware corporation, with its principal office at 2525 Stemmons Freeway, Dallas, Texas 75207, (hereinafter called “Lessor”) and Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company, with its principal office at 24096 170th Avenue, Fergus Falls, Minnesota 56537 (hereinafter called “Lessee”).
AGREEMENTAgreement • January 28th, 2008 • Otter Tail Ag Enterprises, LLC
THIS AGREEMENT, made and entered into with effect as of June 1, 2006 (the “Effective Date”), by and among AL-CORN CLEAN FUEL COOPERATIVE (“ACF”), CORN PLUS COOPERATIVE (“CPC”), HEARTLAND CORN PRODUCTS COOPERATIVE (“HCP”), CHIPPEWA VALLEY ETHANOL COMPANY (“CVEC”), DIVERSIFIED ENERGY COMPANY (“DENCO”), CENTRAL MN. ETHANOL COOP (“CENTRAL”), BUSHMILLS ETHANOL INC. (“BUSHMILLS”), MINNESOTA ENERGY LLC (“MNENERGY”), RED TRAIL ENERGY LLC (“RED TRAIL”) and OTTERTAIL AG. ENTERPRISES LLC (“OTTERTAIL”) (hereinafter ACF, CPC, HCP, CVEC, DENCO, CENTRAL, BUSHMILLS, MNENERGY, RED TRAIL and OTTERTAIL are referred to collectively as “PRODUCERS”), and COMMODITY SPECIALISTS COMPANY (“CSC”).
FIRST AMENDMENT TO MASTER LOAN AGREEMENTMaster Loan Agreement • April 30th, 2008 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals
THIS FIRST AMENDMENT TO MASTER LOAN AGREEMENT (the “Amendment”), is entered into as of April 1, 2008, by and between OTTER TAIL AG ENTERPRISES, LLC, a Minnesota limited liability company (the “Borrower”), and AGSTAR FINANCIAL SERVICES, PCA (the “Lender”).
Otter Tail Ag Enterprises, LLCLease Agreement • January 13th, 2009 • Otter Tail Ag Enterprises, LLC • Industrial organic chemicals
Assuming a similar waiver by Ag Star Financial Services, PCA, under the loan documents and the concurrence of U.S. Bank National Association, as bond trustee, Otter Tail County will not call the Lease Agreement or enforce the various remedies available to it under the terms and conditions of the Lease Agreement prior to October 1, 2009, as a result of the specific violations with the primary lenders outlined in your letter of November 11, 2008, to Wayne Stein, County Auditor, a copy of which is attached. This waiver applies only to the violations of the agreements referenced in the November 11, 2008 letter, and does not waive compliance with any other provision of the Lease Agreement with Otter Tail County.
