EXCLUSIVE ETHANOL MARKETING AGREEMENT April 7, 2010Exclusive Ethanol Marketing Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Iowa
This EXCLUSIVE ETHANOL MARKETING AGREEMENT (this “Agreement”) is made as of the date first written above, and entered into and effective as of the Effective Date (as hereinafter defined), by and between Hawkeye Gold, LLC, a Delaware limited liability company (“Gold”), and Heartland Grain Fuels, L.P., a South Dakota limited partnership (“Producer”).
DISTILLER’S GRAINS MARKETING AGREEMENT April 7, 2010Distiller’s Grains Marketing Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Iowa
THIS DISTILLER’S GRAINS MARKETING AGREEMENT (“Agreement”) is made as of the date first written above and entered into and effective as of the Effective Date (as hereinafter defined) by and between Hawkeye Gold, LLC, a Delaware limited liability company (“Gold”), and Heartland Grain Fuels, L.P., a South Dakota limited partnership (“Producer”).
BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
BACKSTOP COMMITMENT AGREEMENT (this “Agreement”) dated as of April 7, 2010, by and between Advanced BioEnergy, LLC, a Delaware limited liability company (“ABE”) and Hawkeye Energy Holdings, LLC, a Delaware limited liability company (“Hawkeye”).
LOCK-UP AND VOTING AGREEMENTLock-Up and Voting Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • New York
This Lock-Up and Voting Agreement (this “Agreement”) is made and entered into as of March 31, 2010, by and among Marshall Financial Group, LLC, Banco Santander, S.A., New York Branch, Farm Credit Bank of Texas, Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, KEB NY Financial Corp., Nordkap Bank AG, WestLB AG, New York Branch (“WestLB”) (collectively, the “Senior Secured Creditors” and each a “Senior Secured Creditor”), Heartland Grain Fuels, L.P. (“HGF”), Advanced BioEnergy, LLC (“ABE”) and Oppenheimer Rochester National Municipals (the “Bondholder” and collectively, together with ABE, HGF and the Senior Secured Creditors that have executed this Agreement, the “Parties”).
Amendment No. 1 to Voting AgreementVoting Agreement • April 8th, 2010 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
This Amendment No. 1 to Voting Agreement (this “Amendment”) is made and entered into as of this 7th day of April, 2010, by and among Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”), Hawkeye Energy Holdings, LLC, a Delaware limited liability company (“Hawkeye”), Ethanol Investment Partners, LLC, a Delaware limited liability company (“EIP”), Ethanol Capital Partners, Series R, LP, a Delaware limited partnership (“Series R”), Ethanol Capital Partners, Series T, LP, a Delaware limited partnership (“Series T”), Tennessee Ethanol Partners, LP, a Delaware limited partnership (“TEP” and together with EIP, Series R and Series T, the “Partners” and each of Hawkeye and Partners, an “Investor”), South Dakota Wheat Growers Association, a South Dakota cooperative (“SDWG”), and each of the undersigned directors (the “Directors”) of the Company. The Company, Hawkeye, Partners, SDWG and Directors are collectively referred to herein as the “Parties.” Hawkeye, Partners, SDWG
