CONSENT TO ASSIGNMENT AND ASSUMPTION OF MARKETING AGREEMENT
Exhibit 10.1
CONSENT TO ASSIGNMENT AND ASSUMPTION OF
MARKETING AGREEMENT
MARKETING AGREEMENT
The undersigned and Commodity Specialists Company, a Delaware corporation (“CSC”), are parties
to that certain Distillers Grain Marketing Agreement dated as of December 1, 2004 (the “Marketing
Agreement”).
On August 7, 2007, CSC and CHS Inc., a Minnesota cooperative corporation (“CHS”), entered into
an Assignment and Assumption Agreement (the “Assignment and Assumption Agreement”), under which CSC
assigned to CHS all of its right, title and interest in and to the Marketing Agreement, subject to
receiving consent to such assignment from the undersigned.
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged:
1. The undersigned hereby consents and agrees to:
(a) the assignment by CSC to CHS of all of CSC’s right, title and interest in and to
the Marketing Agreement, as described in the Assignment and Assumption Agreement;
(b) the assumption by CHS of the duties, obligations and liabilities of CSC under the
Marketing Agreement which arise on or after the date hereof, subject to the terms and
conditions set forth in the Assignment and Assumption Agreement; and
(c) deliver all notices required to be delivered to CHS under the Marketing Agreement
on or following the date hereof, to the following address:
CHS Inc.
X.X. Xxx 00000
Xx. Xxxx, Xxxxxxxxx 00000-0000
Attn: Xxxx Xxxxxxxxxxx
Facsimile:000-000-0000
X.X. Xxx 00000
Xx. Xxxx, Xxxxxxxxx 00000-0000
Attn: Xxxx Xxxxxxxxxxx
Facsimile:000-000-0000
2. In conjunction with this consent, the undersigned hereby acknowledges:
(a) the Marketing Agreement is in full force and effect and has not been modified or
amended, except as stated herein; and amended, as to allowance of movement by rail as
available at no commision on TGW, as replacement of truck sales by GFE. CF 5/22/07
TLO 8/22/07
(b) each party to the Marketing Agreement has performed all obligations required under
it as of the date hereof and there is no default under the Marketing Agreement or facts or
circumstances which with the passing of time or giving of notice would constitute a default
thereunder.
Date: | 8/23/07 | Granite Falls Energy | ||||
By: | Xxxxxx X. Xxxxx | |||||
Its: | CEO/General Manager | |||||