CORN SUPPLY AGREEMENTCorn Supply Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals
This Corn Supply Agreement (“Agreement”) is made this 25th day of September, 2006, by and between Cargill, Incorporated (“Cargill”), a Delaware corporation with a place of business at 15407 McGinty Road West, Wayzata, MN 55391, and Pioneer Trail Energy, LLC (“Producer”), a Delaware limited liability company. Cargill and Producer are each a “Party” and collectively are the “Parties” to this Agreement.
DELTA-T LICENSE AGREEMENT LICENSE OF TECHNOLOGY BETWEEN DELTA-T CORPORATION AND PIONEER TRAIL, LLCAgreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Virginia
THIS AGREEMENT, made this 28th day of April, 2006 by and between Delta-T Corporation, a Virginia corporation, with its principal place of business at 323 Alexander Lee Parkway, Williamsburg, Virginia 23185 (hereinafter “Delta-T”), and Pioneer Trail, LLC, a Delaware limited liability company, with its principal place of business at 337 McLaws Circle, Suite Two, Williamsburg, Virginia 23185 (hereinafter “Owner”), each of which may be referred to individually as a “Party,” or jointly as the “Parties.”
AGREEMENT FOR ENGINEERING, PROCUREMENTConstruction Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Delta
THIS ENGINEERING, PROCUREMENT & CONSTRUCTION AGREEMENT (“Agreement”) is made as of April 28, 2006 (“Effective Date”), by and between Pioneer Trail Energy, LLC, a limited liability company organized and existing under the laws of the state of Delaware (“Client”) and TIC - The Industrial Company Wyoming, Inc., a corporation organized and existing under the laws of the state of Wyoming (“Contractor”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the 28th day of April, 2006 (the “Effective Date”) by and between BioFuel Energy, LLC (the “Company”) and Daniel J. Simon (“Executive”).
ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals
THIS ETHANOL MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 25th day of September, 2006 (the “Effective Date”), by and between CARGILL, INCORPORATED (“Cargill”) and Buffalo Lake Energy, LLC (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
CARGILL DIRECT FUTURES ADVISORY AGREEMENTConfidentiality Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
DISTILLERS GRAINS MARKETING AGREEMENTDistillers Grains Marketing Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals
THIS DISTILLERS GRAINS MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 25th day of September, 2006 (the “Effective Date”) by and between CARGILL, INCORPORATED (“Cargill”) acting through its the Non-Grain Feed Ingredients Business Unit and Buffalo Lake Energy, LLC (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
ADOPTION AGREEMENT #01005 PROTOTYPE UNLIMITED PROFIT-SHARING PLAN AND TRUSTAdoption Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals
The undersigned Employer hereby adopts the Sponsor’s Prototype Unlimited Profit-Sharing Plan in the form of a nonstandardized Plan, as set out in this Adoption Agreement and the Prototype Defined Contribution Plan Document #01, and agrees that the following definitions, elections and terms shall be part of such Plan.
ContractProcurement and Construction • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
LOAN AGREEMENT by and among BIOFUEL ENERGY, LLC and THE LENDERS PARTY HERETO and GREENLIGHT APE, LLC as Administrative Agent September 25, 2006Loan Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
THIS LOAN AGREEMENT dated September ___, 2006, (this “Agreement”) is entered into by and among BioFuel Energy, LLC, a Delaware limited liability company (“Borrower”), the lenders listed as lenders on Schedule 1.1A attached hereto (the “Lenders”), and Greenlight APE, LLC, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Agent”).
GRAIN FACILITY LEASEGrain Facility Lease • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Minnesota
THIS GRAIN FACILITY LEASE (“Lease”) is made and entered into this 25th day of September, 2006 (“Signing Date”), by and between Cargill, Incorporated, a Delaware corporation with principal offices and place of business at 15407 McGinty Road West, Wayzata, Minnesota 55391 (hereinafter referred to as “Landlord”), and Buffalo Lake Energy, LLC, a Delaware limited liability company with principal offices and place of business in Fairmont, Minnesota (hereinafter referred to as “Tenant”). The Effective Date of this Lease shall be the date of Provisional Acceptance (as defined in the Agreement for Engineering, Procurement and Construction, dated as of April 28, 2006, between Tenant and TIC - The Industrial Company Wyoming, Inc.) (“Effective Date”). Landlord and Tenant are each a “Party” and collectively are the “Parties” to this Lease.
GRAIN FACILITY LEASE AND SUBLEASEFacility Lease and Sublease • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • Nebraska
THIS GRAIN FACILITY LEASE AND SUBLEASE (this “Lease”) is made and entered into this 25th day of September, 2006 (“Signing Date”), by and between Cargill, Incorporated, a Delaware corporation with principal offices and place of business at 15407 McGinty Road West, Wayzata, Minnesota 55391 (hereinafter referred to as “Landlord”), and Pioneer Trail Energy, LLC, a Delaware limited liability company with principal offices and place of business in Wood River, Nebraska (hereinafter referred to as “Tenant”). The Effective Date of this Lease shall be the date of Provisional Acceptance (as defined in the Agreement for Engineering, Procurement and Construction, dated as of April 28, 2006, between Tenant and TIC - The Industrial Company Wyoming, Inc.) (“Effective Date”). Landlord and Tenant are each a “Party” and collectively are the “Parties” to this Lease.
MASTER AGREEMENTMaster Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
This Master Agreement (the “Master Agreement”) is made effective this 25th day of September, 2006 (the “Effective Date”) by and among Cargill, Incorporated, a Delaware corporation (“Cargill, Incorporated”), Cargill Commodity Services, Inc., a Delaware corporation (“CCSI”) (Cargill, Incorporated and CCSI are referred to collectively as “Cargill”), and Pioneer Trail Energy, LLC, a Delaware limited liability company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party.”
COLLATERAL ACCOUNT AGREEMENT among BFE OPERATING COMPANY, LLC, BUFFALO LAKE ENERGY, LLC and PIONEER TRAIL ENERGY, LLC, as Borrowers BFE OPERATING COMPANY, LLC, as Borrowers’ Agent DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent, and DEUTSCHE...Collateral Account Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
COLLATERAL ACCOUNT AGREEMENT (this “Agreement” or this “Account Agreement”), dated as of September 25, 2006, among (i) BFE Operating Company, LLC, a limited liability company organized and existing under the Laws of the State of Delaware (“Opco”), Buffalo Lake Energy, LLC, a limited liability company organized and existing under the Laws of the State of Delaware (“Buffalo Lake”), Pioneer Trail Energy, LLC, a limited liability company organized and existing under the Laws of the State of Delaware (“Pioneer Trail” and, together with Opco and “Buffalo Lake”, the “Borrowers”), (ii) Opco, as Borrowers’ Agent, as provided in the Credit Agreement (as defined below) (iii) Deutsche Bank Trust Company Americas, in its capacity as collateral agent (together with its successors and permitted assigns in such capacity, the “Collateral Agent”), and (iv) Deutsche Bank Trust Company Americas, in its capacity as depositary agent and as securities intermediary (together with its successors and permitted
MASTER AGREEMENTMaster Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals • New York
This Master Agreement (the “Master Agreement”) is made effective this 25th day of September, 2006 (the “Effective Date”) by and among Cargill, Incorporated, a Delaware corporation (“Cargill, Incorporated”), Cargill Commodity Services, Inc., a Delaware corporation (“CCSI”) (Cargill, Incorporated and CCSI are referred to collectively as “Cargill”), and Buffalo Lake Energy, LLC, a Delaware limited liability company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party.”
EGTRRA ADOPTION AGREEMENT ADDENDUM FOR #01003 and #01005Egtrra Adoption Agreement • January 24th, 2007 • BioFuel Energy Corp. • Industrial organic chemicals
The Employer hereby agrees that the following elections and terms shall be part of the Prototype Defined Contribution Plan Document #01.
