FIRST AMENDMENT TO AMENDED AND RESTATED OPERATING AGREEMENT OF WESTERN IOWA ENERGY, LLC
Exhibit 3.2.1
FIRST AMENDMENT TO AMENDED AND RESTATED OPERATING AGREEMENT OF
WESTERN IOWA ENERGY, LLC
WESTERN IOWA ENERGY, LLC
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED OPERATING AGREEMENT OF WESTERN IOWA ENERGY,
LLC dated January 31, 2005 (the “Operating Agreement”) is adopted and approved effective as of the
14th day of April, 2008, by the affirmative vote of a majority of the Membership Voting Interests
represented at a Meeting of the Members (in person, by proxy, or by mail ballot) of Western Iowa
Energy, LLC (the “Company”) pursuant to Section 8.1 of the Operating Agreement of the Company at a
Meeting of the Members held on April 14, 2008.
The Operating Agreement is amended as follows:
Section 5.14 is amended to read as follows:
5.14 President and Chief Executive Officer. Until provided otherwise by a resolution of
the Directors, the Chairman shall also act as the interim President and Chief Executive Officer
(“CEO”) of the Company (herein referred to as the “President”; the titles of President and CEO
shall constitute a reference to one and the same office and Officer of the Company), and the
Chairman may exercise the duties of the office of Chairman using any such designations. The
Director shall appoint someone other than the Chairman as the President of the Company not later
than the commencement of operations of the Facilities, and Such President The President and or
Chairman, as the case may be, shall perform such duties as the Directors may from time to time
prescribe., including without limitation, the management of the day-to-day operations of the
Facilities.
I, Xxxxx Xxxx, do hereby certify that I am the duly elected, qualified, and acting Secretary
of the Company, and further certify that the above amendment was duly adopted by a majority of the
Membership Voting Interests represented at a meeting of the Members of the Company held on April
14, 2008, in accordance with the provisions of the Company’s Operating Agreement.
| /s/ Xxxxx Xxxx | ||||
| Xxxxx Xxxx, Secretary | ||||
Approved:
/s/ Xxxxxxx X. Xxxxx |
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