American Crystal Sugar Co /Mn/ Sample Contracts
Exhibit 10(ee) PLEDGE AGREEMENT Dated as of June 3, 1998Pledge Agreement • November 25th, 1998 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • New York
Standard Contracts
Exhibit 10(cc) AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • July 28th, 1997 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
Exhibit 10(ff) INDEMNITY AGREEMENT This Indemnity Agreement dated as of June 3, 1998, between American Crystal Sugar Company, a Minnesota cooperative (the "INDEMNITOR"), Newcourt Capital USA Inc., a Delaware corporation ("NEWCOURT"), Crystech, LLC, a...Indemnity Agreement • November 25th, 1998 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • New York
RECITALSCoal Supply Agreement • October 31st, 1996 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
SUBSCRIPTION DOCUMENT A AMERICAN CRYSTAL SUGAR COMPANY SUBSCRIPTION AGREEMENT FOR PREFERRED STOCKSubscription Agreement • October 22nd, 1997 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
LIMITED LIABILITY COMPANY AGREEMENT OF CRYSTECH, LLCLimited Liability Company Agreement • November 25th, 1998 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Delaware
RECITALSCoal Transportation Agreement • October 31st, 1996 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
NOTE PURCHASE AGREEMENTNote Purchase Agreement • November 26th, 1999 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
$12,500,000 7.32% Senior Secured Notes, Series A, due August 31, 2018 $15,000,000 7.37% Senior Secured Notes, Series B, due August 31, 2023 $22,500,000 7.42% Senior Secured Notes, Series C, due August 31, 2028
UNIFORM MEMBER MARKETING AGREEMENT POOL BASISUniform Member Marketing Agreement • January 10th, 2002 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
THIS AGREEMENT, made effective as of the 1st day of September 2001, by and between MIDWEST AGRI–COMMODITIES COMPANY, a cooperative association organized under the laws of the State of North Dakota (hereinafter referred to as “MIDWEST”) and AMERICAN CRYSTAL SUGAR COMPANY, a cooperative association organized under the laws of the State of Minnesota (hereinafter referred to as “PROCESSOR”).
PROGOLD LIMITED LIABILITY COMPANY AMENDED AND RESTATED MEMBER CONTROL AGREEMENT (CONTAINS RESTRICTIONS ON TRANSFER OF MEMBERSHIP INTERESTS) September 1, 2009Member Control Agreement • November 4th, 2009 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
THIS AMENDED AND RESTATED MEMBER CONTROL AGREEMENT is made effective as of the 1st day of September, 2009, by and between Golden Growers Cooperative, a Minnesota cooperative association, and American Crystal Sugar Company, a Minnesota cooperative association.
FIVE YEAR AGREEMENT BETWEENFive Year Agreement • November 8th, 2012 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
ContractSugarbeet Delivery Agreement • July 15th, 2003 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
[Portions of this Exhibit have been omitted pursuant to a request for confidentiality under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A copy of this Exhibit with all sections intact has been filed separately with the Securities and Exchange Commission.]
First Amendment Dated as of November 26, 2003 To Note Purchase Agreement Dated January 15, 2003Note Purchase Agreement • January 14th, 2004 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • New York
This First Amendment dated as of November 26, 2003 (“First Amendment”) to the Note Purchase Agreement dated as of January 15, 2003, is among American Crystal Sugar Company, a Minnesota cooperative corporation (“Company”), Sidney Sugars Incorporated, a Minnesota corporation (the “Guarantor”) and the Purchasers who are party to the 2003 Note Agreement (collectively, the “2003 Noteholders”).
STATUSED REVOLVING CREDIT SUPPLEMENTLoan Agreement • January 14th, 2004 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
THIS SUPPLEMENT to the Amended and Restated Master Loan Agreement dated July 21, 2003 (the “MLA”), is entered into as of November 7, 2003, between CoBANK, ACB (“CoBank”) and AMERICAN CRYSTAL SUGAR COMPANY, Moorhead, Minnesota (the “Company.
MASTER LOAN AGREEMENTMaster Loan Agreement • July 13th, 2000 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Colorado
THIS MASTER LOAN AGREEMENT is entered into as of March 31, 2000, between CoBANK, ACB ("CoBank", successor by merger to the St. Paul Bank for Cooperatives) and AMERICAN CRYSTAL SUGAR COMPANY, Moorhead, Minnesota (the "Company").
AMENDED AND RESTATED LOAN AGREEMENT between AMERICAN CRYSTAL SUGAR COMPANY, as Borrower, and COBANK, ACB, as Lender July 31, 2006Loan Agreement • November 29th, 2006 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Colorado
THIS AMENDED AND RESTATED LOAN AGREEMENT (this “Loan Agreement”), dated as of July 31, 2006, is by and between AMERICAN CRYSTAL SUGAR COMPANY, a Minnesota cooperative corporation (“Borrower”), and COBANK, ACB, a federally chartered instrumentality under the Farm Credit Act of 1971, as amended (“Lender”). This Loan Agreement amends and restates that certain Amended and Restated Master Loan Agreement dated as of July 21, 2003, which amended and restated that certain Master Loan Agreement dated as of March 31, 2000.
AMENDED AND RESTATED CREDIT AGREEMENT among AMERICAN CRYSTAL SUGAR COMPANY, as Borrower, VARIOUS LENDERS, and COBANK, ACB, as Administrative Agent and Lead ArrangerCredit Agreement • November 4th, 2009 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Colorado
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of July 30, 2009, by and among AMERICAN CRYSTAL SUGAR COMPANY, a cooperative corporation formed under the laws of the State of Minnesota (the “Borrower”), the several banks and other financial institutions from time to time party hereto as lenders (the “Lenders”), and COBANK, ACB, a federally chartered banking organization (“CoBank”), in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
STATE OF MINNESOTA POLLUTION CONTROL AGENCY AND DEPARTMENT OF NATURAL RESOURCESStipulation Agreement • July 13th, 2000 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
Prepared by MERRILL CORPORATION www.edgaradvantage.com QuickLinks Exhibit 10.27 *Total of Commercial Paper, Seasonal Loan, CCC and other short term loans. Date Approved: 03/05/99 ST. PAUL BANK FOR COOPERATIVES Term Loan Agreement Loan Agreement, Note...Term Loan Agreement • November 26th, 1999 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
AMERICAN CRYSTAL SUGAR COMPANY SUBSCRIPTION AGREEMENT FOR PREFERRED STOCK NAME AND ADDRESS OF SHAREHOLDER: NUMBER OF SHARES OF PREFERRED STOCK, PAR ________________________________ VALUE $76.77, OWNED OF RECORD BY THE ________________________________...Subscription Agreement for Preferred Stock • October 11th, 1996 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
NAME AND ADDRESS OF SHAREHOLDER: NUMBER OF SHARES OF PREFERRED STOCK, PAR ________________________________ VALUE $76.77, OWNED OF RECORD BY THE ________________________________ SHAREHOLDER AS OF JULY 31, 1996:________ ________________________________ ________________________________ NUMBER OF SHARES OF PREFERRED STOCK, PAR VALUE $76.77, THAT THE SHAREHOLDER IS ENTITLED TO PURCHASE:___________________
Addendum Relating to Contract ExtensionContract Extension • November 21st, 2001 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
The parties have reached agreement to a two-year contract extension beginning August 1, 2002. This includes a 2% wage rate increase for each year of the Agreement with a .50 cent increase each year to the Group Retirement plan.
FIVE YEAR AGREEMENT BETWEEN ------------------------------------------------------------------------------- (GROWER) AND AMERICAN CRYSTAL SUGAR COMPANY (COMPANY)Five Year Agreement • October 11th, 1996 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
Dated: --------------------- ------------------------------------------ (Signature) (title) Dated: --------------------- ------------------------------------------ (Signature) (title)Subscription Agreement • October 22nd, 1997 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
This Subscription Agreement must be received by the Company at its corporate office, 101 N. Third Street, Moorhead, Minnesota 56560, no later than ___________ at 5 p.m. Your check must be returned with this subscription agreement.
STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCYStipulation Agreement • January 14th, 2009 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT between AMERICAN CRYSTAL SUGAR COMPANY, as Borrower, and CoBANK, ACB, as Lender, dated July 31, 2006Loan Agreement • July 16th, 2007 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
THIS THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT (this “Third Amendment”) is dated to be effective as of April 2, 2007, and is by and between AMERICAN CRYSTAL SUGAR COMPANY, a Minnesota cooperative corporation (“Borrower”), and CoBANK, ACB (“Lender”), and amends that certain Amended and Restated Loan Agreement dated July 31, 2006, as amended from time to time (the “Loan Agreement”). All capitalized terms not defined herein shall have the meanings set forth in the Loan Agreement.
Prepared by MERRILL CORPORATION www.edgaradvantage.com QuickLinks Exhibit 10.28 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into effective as of the 15th day of May, 1998 by and between American Crystal Sugar Company...Employment Agreement • November 26th, 1999 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
EMPLOYMENT AGREEMENTEmployment Agreement • April 16th, 2007 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered into effective as of the 21st day of March 2007 by and between American Crystal Sugar Company (“Company”) and David A. Berg (“Executive”).
BEET LOADING AND HAULING AGREEMENTBeet Loading and Hauling Agreement • July 15th, 2003 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
THIS AGREEMENT is made as of April 28, 2003, by and between AMERICAN CRYSTAL SUGAR COMPANY, a Minnesota agricultural cooperative corporation, whose address is 101 North Third Street, Moorhead, Minnesota (hereinafter “ACSC”) and TRANSYSTEMS LLC, a Wyoming limited liability company, whose address is 511 Central Avenue West, Suite 2, Great Falls, Montana (hereinafter “Contractor”).
RESTATED MORTGAGE AND SECURITY AGREEMENT Mortgage Short-Term Redemption Dated as of September 15, 1998 From AMERICAN CRYSTAL SUGAR COMPANY (the "Company") To ST. PAUL BANK FOR COOPERATIVES, as Collateral Agent (the "Mortgagee")Mortgage and Security Agreement • November 26th, 1999 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
Drafted by and after recording, return to: Elizabeth L. Majers, Esq. McDermott, Will & Emery 227 West Monroe Street Chicago, Illinois 60606 Tax statements for the real property described herein and situate in the State of Minnesota should be sent to: American Crystal Sugar Company 101 North Third Street Moorhead, MN 56560 THIS RESTATED MORTGAGE AND SECURITY AGREEMENT-MORTGAGE-SHORT-TERM REDEMPTION dated as of September 15, 1998 (the or this"Mortgage'), is from AMERICAN CRYSTAL SUGAR COMPANY, a Minnesota cooperative corporation (the "Company"), having its principal office at 101 North 3111 Street, Moorhead, Minnesota 56560, to ST. PAUL BANK FOR COOPERATIVES, for itself, and as Collateral Agent for each of the holders of the hereinafter described Senior Secured Notes and the bank lenders which are signatories to the Credit Facility (collectively, the "Banks") (together with its permitted successors and assigns, the "Mortgagee") whose post office address is 375 Jackson Street, St. Paul, M
Prepared by MERRILL CORPORATION www.edgaradvantage.com Exhibit 10.23 UNIFORM MEMBER BEET SUGAR MARKETING AGREEMENT THIS AGREEMENT, Made as of the 1st day of December, 1997, by and between United Sugars Corporation, a cooperative association organized...Uniform Member Beet Sugar Marketing Agreement • November 26th, 1999 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
REVOLVING TERM LOAN SUPPLEMENTRevolving Term Loan Supplement • November 23rd, 2005 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
THIS SUPPLEMENT to the Amended and Restated Master Loan Agreement dated July 21, 2003 (the “MLA”), is entered into as of July 11, 2005, between CoBANK, ACB (“CoBank”) and AMERICAN CRYSTAL SUGAR COMPANY, Moorhead, Minnesota (the “Company”), and amends and restates the Supplement dated August 13, 2004 and numbered Z269T01E.
betweenTolling Services Agreement • November 25th, 1998 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
AMENDED AND RESTATED MASTER LOAN AGREEMENTMaster Loan Agreement • November 26th, 2003 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Colorado
THIS AMENDED AND RESTATED MASTER LOAN AGREEMENT (“Agreement”) is entered into as of July 21, 2003, between CoBANK, ACB (“CoBank”) and AMERICAN CRYSTAL SUGAR COMPANY, Moorhead, Minnesota (the “Company”), and amends and restates that Master Loan Agreement dated as of March 31, 2000.
Exhibit 10(hh) OPERATION AND MAINTENANCE AGREEMENT Dated as of June 3, 1998Operation and Maintenance Agreement • November 25th, 1998 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota
RECITALSTrademark License Agreement • August 18th, 1997 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products • Minnesota