OPERATING AGREEMENT OF SOY ENERGY, LLC Dated Effective December 15, 2005Operating Agreement • February 28th, 2008 • Soy Energy, LLC • Iowa
THIS OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of the 15th day of December, 2005 (the “Effective Date”), by and among SOY ENERGY, LLC, an Iowa limited liability company (the “Company”), each of the Persons who are identified as Members on the attached Exhibit A and who have executed a counterpart of this 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.
AMENDED AND RESTATED OPERATING AGREEMENT OF SOY ENERGY, LLC Dated Effective June 24, 2010Operating Agreement • January 31st, 2011 • Soy Energy, LLC • Industrial organic chemicals • Iowa
CRUDE CORN OIL PURCHASE AGREEMENT (Agreement to Purchase Output)Crude Corn Oil Purchase Agreement • September 12th, 2008 • Soy Energy, LLC • Industrial organic chemicals • Iowa
This Crude Corn Oil Purchase Agreement (“Agreement”) is made and entered into as of the 19th day of June, 2008, by and between Soy Energy, LLC, an Iowa limited liability company (“Soy Energy”) and LSCP, LLLP, an Iowa limited liability limited partnership (“Seller”).
STANDARD FORM OF DESIGN-BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR (Where the Basis of Compensation is the Cost of the Work with a Fee, with a Guaranteed Maximum Price Option)Design-Build Agreement • March 17th, 2009 • Soy Energy, LLC • Industrial organic chemicals • Iowa
Animal fats (such as tallow) may be processed successfully by the unit (not used as a basis for performance testing or process warranty certification). Acceptable quality limits of such materials are:
ASSET PURCHASE AGREEMENT BY AND AMONG FREEDOM FUELS, LLC, DEBTOR IN POSSESSION AND SOY ENERGY, LLC DATED AS OF JULY 29, 2009Asset Purchase Agreement • August 25th, 2009 • Soy Energy, LLC • Industrial organic chemicals • Iowa
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the 29th day of July, 2009 by and among Freedom Fuels, LLC, an Iowa limited liability company and debtor in possession (the “Company”) and Soy Energy, LLC, an Iowa limited liability company (“Purchaser”).
CHEROKEE COUNTY RURAL WATER DISTRICT No. ONE WATER USER’S AGREEMENT FOR NEW MEMBERWater User's Agreement • February 28th, 2008 • Soy Energy, LLC
This AGREEMENT is made and entered into between Cherokee County Rural Water District No. One, an Iowa corporation, hereinafter referred to as “CORPORATION,” and Soy Energy LLC, a new Member hereinafter referred to as “MEMBER.”
SETTLEMENT AND TERMINATION AGREEMENTSettlement and Termination Agreement • June 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals • Iowa
This Settlement and Termination Agreement (this “Agreement”) is entered into as of the 31st day of March 2010 by and between New Equity, LLC, an Iowa limited liability company (“New Equity”); Outsource Services Management, LLC, a Nevada limited liability company (“OSM”); OSM–REO FF, LLC, a Minnesota limited liability company (“OSM-REO”); and Soy Energy, LLC, an Iowa limited liability company (“Soy Energy”). New Equity, OSM, OSMREO and Soy Energy may hereinafter be collectively referred to as the “Parties” and individually a “Party”).
CRUDE CORN OIL PURCHASE AGREEMENT (Agreement to Purchase Output)Crude Corn Oil Purchase Agreement • September 12th, 2008 • Soy Energy, LLC • Industrial organic chemicals • Iowa
This Crude Corn Oil Purchase Agreement (“Agreement”) is made and entered into as of the 30th day of July 2008, by and between Soy Energy, LLC, an Iowa limited liability company, (“Soy Energy”) and Siouxland Ethanol, LLC, a Nebraska Limited Liability Company (“Seller”).
FORBEARANCE AGREEMENTForbearance Agreement • June 14th, 2013 • Soy Energy, LLC • Industrial organic chemicals • Minnesota
THIS FORBEARANCE AGREEMENT (this “Agreement”), dated as of February 15, 2013, is by and between SOY ENERGY, LLC, an Iowa limited liability company (“Borrower”), and OSM-REO FF, LLC, a Minnesota limited liability company (“Lender”). The Borrower and the Lender are sometimes hereinafter referred to as the “Parties.”
TERMINATION AGREEMENTTermination Agreement • September 12th, 2008 • Soy Energy, LLC • Industrial organic chemicals • Iowa
This Termination Agreement is entered into this 25th day of July, 2008 by and between The Ken Bratney Company, an Iowa corporation (“Bratney”), 3400 109th Street, Des Moines, Iowa 50322 and Soy Energy, LLC, an Iowa limited liability company (“Soy”), 222 North Main Street, PO Box 663, Marcus, Iowa 51035.
BIO-DIESEL MARKETING CONTRACTBio-Diesel Marketing Contract • February 28th, 2008 • Soy Energy, LLC • Iowa
THIS AGREEMENT is entered into by and among Eco-Energy, Inc. (hereinafter “Eco”) a Tennessee Corporation with its main office located at 730 Cool Springs Blvd, Suite 130, Franklin, Tennessee 37067, and Soy Energy, (hereinafter SOY ENERGY) located with its main office at 222 N. Main Street, Marcus, Iowa 51035.
LIMITED LIABILITY COMPANY MEMBERSHIP UNIT REDEMPTION AGREEMENTLimited Liability Company Membership Unit Redemption Agreement • September 12th, 2008 • Soy Energy, LLC • Industrial organic chemicals • Iowa
THIS LIMITED LIABILITY COMPANY MEMBERSHIP UNIT REDEMPTION AGREEMENT (the “Agreement”) is made and entered into effective as of the 23rd day of July, 2008 (the “Effective Date”) by and between Soy Energy, LLC, an Iowa limited liability company (“Soy Energy”), 222 North Main Street, PO Box 663, Marcus, Iowa 51035 and K.B.C. Group, Inc., an Iowa corporation (“Bratney”), 3400 109th Street, Des Moines, Iowa 50322.
Re: Biodiesel Plant Supply and Management Agreement Letter of IntentBiodiesel Plant Supply and Management Agreement • June 16th, 2008 • Soy Energy, LLC • Industrial organic chemicals
This letter serves to confirm the discussions between our companies regarding BEST Biodiesel, Inc. (“BBI”), providing to Soy Energy, LLC, or an entity designated by Soy Energy (“Owner”), a Biodiesel Plant having a nameplate capacity of 15 million gallons per annum of Biodiesel produced from crude corn oil from ethanol production (“CCOE”) and technical support services for the Biodiesel Plant. The purpose of this letter is to set forth certain non-binding understandings between the parties.
UNIT PURCHASE AGREEMENTUnit Purchase Agreement • August 25th, 2009 • Soy Energy, LLC • Industrial organic chemicals • Iowa
AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • September 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals
THIS AMENDMENT TO ASSET PURCHASE AGREEMENT (this “Amendment”) is made as of August 13, 2010, by and between OSM—REO FF, LLC, a Minnesota limited liability company (“Seller”), and Soy Energy, LLC, an Iowa limited liability company (“Buyer”).
FEEDSTOCK AND BIODIESEL SALE AND SERVICE AGREEMENTFeedstock and Biodiesel Sale and Service Agreement • October 9th, 2012 • Soy Energy, LLC • Industrial organic chemicals • Iowa
THIS FEEDSTOCK AND BIODIESEL SALE AND SERVICE AGREEMENT (this “Agreement”) is made and entered into as of August 16, 2012 (“Effective Date”) by and among Soy Energy, LLC, an Iowa limited liability company (“Soy”) and Bunge North America, Inc., a New York corporation (“Bunge”) (each, a “Party” and collectively, the “Parties”).
ASSET PURCHASE AGREEMENT BY AND AMONG SOY ENERGY, LLC, RENEWABLE ENERGY GROUP, INC. AND REG MASON CITY, LLC DATED MAY 1, 2013Asset Purchase Agreement • June 14th, 2013 • Soy Energy, LLC • Industrial organic chemicals • Iowa
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is executed this 1st day of May, 2013, (“Effective Date”), by and among Soy Energy, LLC, an Iowa limited liability company (the “Company”), Renewable Energy Group, Inc., a Delaware corporation (“REG”) and REG Mason City, LLC, an Iowa limited liability company and wholly owned subsidiary of REG (“Purchaser”).
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • March 22nd, 2011 • Soy Energy, LLC • Industrial organic chemicals
This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”) is made as of March 18, 2011, by and between SOY ENERGY, LLC, an Iowa limited liability company (the “Borrower”), and OSM-REO FF, LLC, a Minnesota limited liability company (the “Lender”).
APPENDIX 1 ASSET PURCHASE AGREEMENT DATED AS OF APRIL 2, 2010 BY AND BETWEEN OSM—REO FF, LLC AND SOY ENERGY, LLCAsset Purchase Agreement • June 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals • Minnesota
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of April 2, 2010 (the “Effective Date”), by and among OSM—REO FF, LLC, a Minnesota limited liability company (“Seller”), and Soy Energy, LLC, an Iowa limited liability company (“Buyer”). Capitalized terms used herein and not otherwise defined herein have the meanings set forth in Article 1.
SECOND AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • June 14th, 2013 • Soy Energy, LLC • Industrial organic chemicals • Minnesota
THIS SECOND AMENDMENT TO FORBEARANCE AGREEMENT (this “Amendment”), dated as of May 8, 2013, is by and between SOY ENERGY, LLC, an Iowa limited liability company (“Borrower”), and OSM-REO FF, LLC, a Minnesota limited liability company (“Lender”). The Borrower and the Lender are sometimes hereinafter referred to as the “Parties.”
BIODIESEL MARKETING AGREEMENTBiodiesel Marketing Agreement • September 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals • Minnesota
THIS BIODIESEL MARKETING AGREEMENT (this “Agreement”) is entered into this 12th day of August, 2010 (the “Effective Date”), by and between RPMG, INC., a Minnesota corporation, hereinafter referred to as “RPMG”; and Soy Energy, LLC, an Iowa limited liability company, hereinafter referred to as “PRODUCER.”
Soy Energy Freedom Fuels’ Plant Modifications Phase 1 Engineering Services— Scope DefinitionPhase 1 Engineering Services Agreement • June 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals • Iowa
THIS PHASE 1 ENGINEERING SERVICES AGREEMENT (the “Agreement”) is entered into as of April 6, 2010 (“Effective Date”) by and between Ball Industrial Services, LLC (“BIS”) and Soy Energy, LLC (“Soy”).
FIRST AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • June 14th, 2013 • Soy Energy, LLC • Industrial organic chemicals • Minnesota
THIS FIRST AMENDMENT TO FORBEARANCE AGREEMENT (this “Amendment”), dated as of April 25, 2013, is by and between SOY ENERGY, LLC, an Iowa limited liability company (“Borrower”), and OSM-REO FF, LLC, a Minnesota limited liability company (“Lender”). The Borrower and the Lender are sometimes hereinafter referred to as the “Parties.”
PEF PELLET SUPPLY CONTRACTPef Pellet Supply Contract • February 28th, 2008 • Soy Energy, LLC
COMES NOW the undersigned parties and do hereby enter into the following contract and agreement as set forth below and based on the following terms and conditions:
MASTER CONTRACT BY AND BETWEEN Soy Energy, LLC AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT CONTRACT NUMBER: P0609M01093Master Contract • February 28th, 2008 • Soy Energy, LLC • Iowa
This FINANCIAL ASSISTANCE CONTRACT (the “Master Contract”) is made as of the CONTRACT EFFECTIVE DATE by and between the Iowa Department of Economic Development(“IDED”), 200 East Grand Avenue, Des Moines, IA 50309 and Soy Energy, LLC an Iowa Limited Liability Company (“Business”), 4832 G Avenue, PO Box 663, Marcus, Iowa 51035-0648.
LOAN AGREEMENTLoan Agreement • June 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals • Minnesota
This Agreement is made as of April 2, 2010, by and between SOY ENERGY, LLC, an Iowa limited liability company (the “Borrower”), and OSM-REO FF, LLC, a Minnesota limited liability company (the “Lender”).
AGRICULTURAL SECURITY AGREEMENTAgricultural Security Agreement • February 14th, 2012 • Soy Energy, LLC • Industrial organic chemicals
THIS AGRICULTURAL SECURITY AGREEMENT dated October 17, 2011, is made and executed between Soy Energy, LLC ("Grantor") and First Citizens National Bank ("Lender").
CONSTRUCTION AND DESIGN AGREEMENT BETWEEN OWNER & PROJECT MANAGERConstruction and Design Agreement • September 14th, 2010 • Soy Energy, LLC • Industrial organic chemicals • Iowa
THIS CONSTRUCTION AND DESIGN AGREEMENT BETWEEN OWNER & PROJECT MANAGER (together with its Exhibits, this “Agreement”) is made effective on August 11, 2010 (the “Effective Date”) between:
