AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of August 31, 2006 (the “Agreement”), is executed by and between PROVISTA RENEWABLE FUELS MARKETING, LLC, a Kansas limited liability company f/k/a United Bio Energy Fuels, LLC (the “Borrower”), which has its chief executive office located at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077, and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the “Bank”), whose address is 135 South LaSalle Street, Chicago, Illinois 60603.
MASTER AGREEMENT FOR DESIGN, ENGINEERING AND CONSTRUCTION OF DRY GRIND ETHANOL PRODUCTION FACILITIES (FUTURE DEVELOPMENT) BETWEEN US BIOENERGY CORPORATION AND FAGEN, INC. August 1, 2006Master Agreement for Design, Engineering and Construction • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of [Date], (the “Effective Date”) by and between [Name of Project Company], a [State] [type of entity], a (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
MASTER LOAN AGREEMENT by and among SUPERIOR CORN PRODUCTS, LLC and AGSTAR FINANCIAL SERVICES, PCA dated as of November 15, 2005Master Loan Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
THIS MASTER LOAN AGREEMENT (this “Agreement”), dated as of November 15, 2005, between AGSTAR FINANCIAL SERVICES, PCA, an United States corporation (“Lender”) and SUPERIOR CORN PRODUCTS, LLC, a Michigan limited liability company (the “Borrower”).
AIRCRAFT LEASE AGREEMENT Effective March 1, 2006 Between Capitaline Advisors, LLC (“Lessor”) And US BioEnergy Corporation (“Lessee”) Regarding Beechcraft King Air B200 Manufacturer’s Serial No: BB-1711 FAA Registration Mark: N44KAAircraft Lease Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS AIRCRAFT LEASE AGREEMENT (the “Agreement”) is made and entered into effective as of the 1st day of March, 2006, between, Capitaline Advisors, LLC a South Dakota limited liability company, with its principal office in Brookings, South Dakota (“Lessor”); and US BioEnergy Corporation, a South Dakota corporation, with its principal office in Brookings, South Dakota, (“Lessee”).
CONTINUING GUARANTYContinuing Guaranty • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
THIS CONTINUING GUARANTY (this “Guaranty”) is made as of November 15, 2005, by US BIOENERGY CORPORATION, a South Dakota corporation (“Guarantor”), for the benefit of AGSTAR FINANCIAL SERVICES, PCA.
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Nebraska
This Construction Loan Agreement (the “AGREEMENT”) is dated as of the 10th day of December, 2003, and is by and between PLATTE VALLEY FUEL ETHANOL, LLC, a Nebraska limited liability company (“BORROWER”) and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association established at Omaha, Nebraska.
LEASELease Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
This Lease is effective as of June 1, 2006, by and between CHS Inc., a Minnesota cooperative corporation (“Landlord”) and US Bio Energy Corporation (“Tenant”).
REDEVELOPMENT CONTRACTRedevelopment Contract • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Nebraska
This Redevelopment Contract is made and entered into as of the 31ST day of October, 2003, by and between the Community Redevelopment Authority of the City of Central City, Nebraska (“Authority”), and Platte Valley Fuel Ethanol, L.L.C., a Nebraska limited liability company (“Redeveloper”).
TRANSACTION AGREEMENT between SUPERIOR CORN PRODUCTS, LLC a Michigan limited liability company and US BIOENERGY CORPORATION a South Dakota corporation Dated as of March 31, 2005Transaction Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
THIS TRANSACTION AGREEMENT (this “Agreement”) is made and entered into as of March 31, 2005, by and between SUPERIOR CORN PRODUCTS, LLC, a Michigan limited liability company (“Superior Corn”), and US BIOENERGY CORPORATION, a South Dakota corporation (“US BioEnergy”)
SERVICES AGREEMENTServices Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS SERVICES AGREEMENT is made and entered into this ___ day of November, 2005 by and between US BioEnergy Corporation, a corporation organized under the laws of the State of South Dakota with an office at 111 Main Avenue, Suite 200, Brookings, South Dakota 57006 (the “Company”), and Capitaline Advisors, LLC, a limited liability company organized under the laws of the State of South Dakota with an office at 111 Main Avenue, Brookings, South Dakota 57006 (“Capitaline”).
SUBSCRIPTION AGREEMENTSubscription Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS SUBSCRIPTION AGREEMENT is made effective this 17th day of November, 2005, by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”) and CHS Inc., a Minnesota corporation (“CHS”).
LEASED EMPLOYEE AGREEMENTLeased Employee Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
THIS LEASED EMPLOYEE AGREEMENT (the “Agreement”) is made and entered into as of May 15, 2006 (“Effective Date”) by and between United Bio Energy Fuels, LLC (hereinafter “UBE Fuels”), a Kansas limited liability company with offices at 5500 Cenex Drive, Inver Grove Heights, MN 55077, and United Bio Energy, LLC (hereinafter “UBE”).
TRANSACTION AGREEMENT among UNITED BIO ENERGY, LLC a Kansas limited liability company ICM MARKETING, INC. a Kansas corporation FAGEN MANAGEMENT, LLC a Minnesota limited liability company and US BIOENERGY CORPORATION a South Dakota corporation Dated as...Transaction Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
THIS TRANSACTION AGREEMENT (this “Agreement”) is made and entered into as of May 5, 2005, by and among United Bio Energy, LLC, a Kansas limited liability company (“UBE”), ICM Marketing, Inc., a Kansas corporation (“ICMM”), Fagen Management, LLC, a Minnesota limited liability company (“Fagen”) and US BioEnergy Corporation, a South Dakota corporation (“US BioEnergy”) (with UBE, ICMM and Fagen each being referred to herein as a “UBE Party” and collectively, as the “UBE Parties”).
April 30, 2005Severance Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
The purpose of this Letter Agreement is to set forth our agreement in regard to your severance arrangement. Although your employment is “at will” and may be terminated by you or United Bio Energy, LLC (“UBE”) at any time for any reason, UBE has agreed to provide you with a particular severance pay benefit in the event UBE terminates your employment without Cause or, following a Change in Control, your employment is terminated without Cause, or by you for Good Reason.
CONSULTING AGREEMENTConsulting Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS AGREEMENT is made effective as of April 30, 2005, by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and David VanderGriend (“Consultant”).
US BIO ENERGY CORPORATION INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
THIS OPTION AGREEMENT is made as of the day of , 200 , between US Bio Energy Corporation, a South Dakota corporation (the “Company”), and , an employee of the Company (the “Optionee”).
MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
This Registration Rights Agreement (the “Agreement”) is entered into as of April 28, 2006 by and among US BIOENERGY CORPORATION, a South Dakota corporation (“US BioEnergy”), and PLATTE VALLEY ENERGY, LLC, a Minnesota limited liability company (“PVE”).
TRANSACTION AGREEMENT between GOLD ENERGY, LLC a North Dakota limited liability company and US BIOENERGY CORPORATION a South Dakota corporation Dated as of March ___, 2006Transaction Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • North Dakota
THIS TRANSACTION AGREEMENT (this “Agreement”) is made and entered into as of March ___, 2006, by and between GOLD ENERGY, LLC, a North Dakota limited liability company (“Gold Energy”), and US BIOENERGY CORPORATION, a South Dakota corporation (“US BioEnergy”).
MANAGEMENT AGREEMENTManagement Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
THIS AGREEMENT is made as of March 31, 2006, by and between United Bio Energy Fuels, LLC, a Kansas limited liability company (the “Company”), and CHS Inc., a Minnesota corporation (“Manager”).
TRANSACTION AGREEMENT between PLATTE VALLEY FUEL ETHANOL, LLC a Nebraska limited liability company and US BIOENERGY CORPORATION a South Dakota corporation Dated as of March 9, 2006Transaction Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Nebraska
THIS TRANSACTION AGREEMENT (this “Agreement”) is made and entered into as of March 9, 2006, by and between PLATTE VALLEY FUEL ETHANOL, LLC, a Nebraska limited liability company (“PVFE”), and US BIOENERGY CORPORATION, a South Dakota corporation (“US BioEnergy”).
ContractEthanol Sales and Marketing Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
***** PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. THE OMISSIONS HAVE BEEN INDICATED BY ASTERISKS (“*****”), AND THE OMITTED TEXT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
PURCHASE AGREEMENTPurchase Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
THIS PURCHASE AGREEMENT (the “Agreement”) dated this ___day of March, 2006 (the “Effective Date”), is entered into by and between CHS Inc. (“Buyer”) and United Bio Energy, LLC (“Seller”).
LUMP SUM DESIGN-BUILD EXPANSION AGREEMENT BETWEEN PLATTE VALLEY FUEL ETHANOL, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) April 24, 2006Lump Sum Design-Build Expansion Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of April 24, 2006, (the “Effective Date”) by and between Platte Valley Fuel Ethanol, LLC, a Nebraska limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
AMENDED AND RESTATED OPERATING AGREEMENT OF UNITED BIO ENERGY FUELS, LLCOperating Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Kansas
THIS AMENDED AND RESTATED OPERATING AGREEMENT (“Agreement”) is adopted and effective as of the 31st day of March 2006, by the members of United Bio Energy Fuels, LLC, a Kansas limited liability company (the “Company”).
LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN VAL-E ETHANOL, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) January 6, 2006Lump Sum Design-Build Agreement • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of January 6, 2006, (the “Effective Date”) by and between Val-E Ethanol, LLC, a Nebraska limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”).
