STATE OF NEBRASKA NEBRASKA DEPARTMENT OF REVENUE ETHANOL PRODUCTION CREDIT AGREEMENT
EXHIBIT
10.23
STATE
OF NEBRASKA
NEBRASKA
DEPARTMENT OF REVENUE
This
agreement is entered into pursuant to NEB. REV. STAT. § 66-1344 and Laws 2001,
LB 536, Section 7, between Husker Ag Processing, LLC, hereinafter referred to as
"Husker Ag," and the State of Nebraska, by the State Tax Commissioner,
hereinafter referred to as "the State."
It is
hereby agreed between Husker Ag and the State that:
1. Husker Ag
is in the process of planning and constructing an ethanol production facility
and, upon completion of the anticipated construction, will own and control an
ethanol production facility located along Highway 20, three miles east of
Plainview, Nebraska.
2. Husker Ag
hereby agrees to produce ethanol at the facility and any expansion
thereof.
3. The State
agrees to furnish Husker Ag the tax credits as provided by and limited in NEB.
REV. STAT. § 66-1344 in effect on the date of the agreement. Credits in the
amount of eighteen cents per gross gallon of ethanol produced, before
denaturing, will be furnished following the procedures described below. The tax
credits furnished by the State shall be in the form of nonrefundable,
transferable motor vehicle fuel tax credit certificates.
4. The
name plate design capacity for the production of ethanol, before denaturing, at
this facility at the commencement of production will be twenty million
(20,000,000) gross gallons.
5. The
credits will be given only for ethanol produced at the ethanol production
facility identified above at which all fermentation, distillation and
dehydration take place.
6. Husker Ag
may begin to apply for credits once it attains a minimum rate of ethanol
production, before denaturing, of one hundred thousand (100,000) gross gallons
annually. This minimum rate of ethanol production must be accomplished prior to
June 30, 2004.
7. In order
to show that it can accurately measure the requisite minimum rate of production,
Husker Ag shall initially provide the State with documentation indicating that
the metering devices used to measure the minimum rate of production have been
approved by the State of Nebraska, Department of Agriculture, Division of
Weights and Measures. In order to show that it can accurately measure the
quantity of ethanol produced thereafter, Husker Ag shall provide the State with
documentation annually indicating that the metering devices used to measure the
production of ethanol have been approved by the State of Nebraska, Department of
Agriculture, Division of Weights and Measures.
8. The
initial application to receive credits filed by Husker Ag must establish that
the minimum rate of ethanol production required has been attained. The initial
application shall cover a period of one calendar month or any part thereof, but
in no event shall the period be less than one day. Once the minimum rate of
ethanol production has been established, Husker Ag can receive credits for a
period of ninety-six (96) consecutive months, but in no event can Husker Ag
apply for any credits for ethanol production which occurs after June 30, 2012.
The applications used to apply for credits following the initial application
shall be for periods measured by whole calendar months except that the last
application of the agreement may be for a partial calendar month.
9. Not more
than fifteen million six hundred twenty-five thousand (15,625,000) gross gallons
of ethanol produced annually at the ethanol production facility will be eligible
for the tax credits. Not more than one hundred twenty-five million (125,000,000)
gross gallons of ethanol produced at the ethanol facility by the end of the
ninety-six consecutive-month period described above shall be eligible for the
tax credits.
10. Husker Ag
must provide to the State copies of the reports filed with the Federal Bureau of
Alcohol, Tobacco and Firearms on an annual basis.
11. This
agreement may be amended to include any proposed expansion that is not
contemplated at the time of this agreement.
12. This
agreement shall not be assigned by Husker Ag without first receiving written
consent from the State. Such consent shall not be unreasonably withheld and, if
granted, shall be provided within thirty days of a written request for said
consent. If such consent is granted, a fully executed amendment to this
agreement reflecting the assignment shall be provided to the State no later than
ten days following the execution of the assignment.
13. This
agreement shall be binding between the parties hereto. It shall be governed by
the laws of the State of Nebraska. No oral statements, proposals, or agreements
shall be binding on either party.
The
undersigned parties hereto accept and bind themselves to the provisions of this
agreement.
| Husker Ag Processing, LLC | ||
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| Dated this 5th day of September, 2001. | By: | /s/ Xxxx Xxxxxxx |
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| Xxxx Xxxxxxx | ||
| Chairman/President | ||
| Husker Ag Processing, LLC | ||
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| Dated this 5th day of September, 2001. | By: | /s/ Xxxx Xxxx Egr |
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| Xxxx Xxxx Egr | ||
| State Tax Commissioner | ||
