LICENSE AGREEMENTLicense Agreement • September 21st, 2006 • Agassiz Energy, LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT, effective as of the 1st day of May, 2006 by and between VOGELBUSCH U.S.A., INC., a corporation duly organized and existing under the laws of the State of Texas, with its principal place of business at 10810 Old Katy Road, Suite 107; Houston, Texas 77043, United States of America (hereinafter referred to as LICENSOR) and AGASSIZ ENERGY LLC., a limited liability corporation duly organized and existing under the laws of the State of MINNESOTA and having its principal place of business at 510 County Road 71 Valley Technology Park, Crookston, MN 56716 (hereinafter referred to as LICENSEE);
PROCESS GUARANTEEProcess Guarantee • September 21st, 2006 • Agassiz Energy, LLC • Industrial organic chemicals
THIS AGREEMENT, effective as of the 1st day of May, 2006 by and between VOGELBUSCH U.S.A., INC., a corporation duly organized and existing under the laws of the State of Texas, with its principal place of business at 10810 Old Katy Road, Suite 107; Houston, Texas 77043; United States of America (hereinafter referred to as “LICENSOR”), and AGASSIZ ENERGY LLC., a corporation duly organized and existing under the laws of the State of Minnesota, having its principal place of business at 510 County Road 71 Valley Technology Park Crookston, MN 56716 (hereinafter referred to as “LICENSEE”).
IMPOUNDMENT AGREEMENTImpoundment Agreement • September 21st, 2006 • Agassiz Energy, LLC • Industrial organic chemicals
THIS IMPOUNDMENT AGREEMENT, made and entered into this day of September, 2006, by and between Agassiz Energy, LLC, a Minnesota limited liability company (hereinafter called the “Issuer”) and Bremer Bank, N.A. (a national banking association) with principal offices in Crookston, Minnesota (hereinafter called the “Impoundment Agent”);
SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF AGASSIZ ENERGY, LLC A MINNESOTA LIMITED LIABILITY COMPANY ORGANIZED UNDER MINNESOTA STATUTES CHAPTER 322B.Operating Agreement • September 21st, 2006 • Agassiz Energy, LLC • Industrial organic chemicals • Minnesota
Pursuant to Section 7.7 of the Operating Agreement of Agassiz Energy, LLC, a Minnesota limited liability company (the “Company”) dated November 4, 2004, and Section 7.7 of the Amended and Restated Operating Agreement of the Company dated March 31, 2006, the undersigned, being all of the governors of the Company, hereby adopt this Second Amended and Restated Operating Agreement.
SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT OF AGASSIZ ENERGY, LLC Dated: Effective September 6, 2006Member Control Agreement • September 21st, 2006 • Agassiz Energy, LLC • Industrial organic chemicals • Minnesota
THIS SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT (this “Agreement”) is entered into effective as of the 6th day of September, 2006, by and among Agassiz Energy, LLC, a Minnesota limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A”, and any other Persons that may from time to time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.6. This Agreement amends and restates the Member Control Agreement between the parties hereto dated November 4, 2004, and the Amended and Restated Member Control Agreement of Agassiz Energy, LLC effective March 31, 2006.
