LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN FIRST UNITED ETHANOL, LLC (“OWNER”) AND FAGEN, INC. (“DESIGN-BUILDER”) November 16, 2006Lump Sum Design-Build Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Minnesota
This LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of November 16, 2006, (the “Effective Date”) by and between First United Ethanol, LLC, a Georgia limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each a “Party” and collectively, the “Parties”).
LOAN AGREEMENT Between MITCHELL COUNTY DEVELOPMENT AUTHORITY and FIRST UNITED ETHANOL, LLC VARIABLE RATE DEMAND TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS (FIRST UNITED ETHANOL, LLC PROJECT), SERIES 2006 Dated as of October 1, 2006Loan Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
THIS LOAN AGREEMENT made and entered into as of the 1st day of October, 2006, between the MITCHELL COUNTY DEVELOPMENT AUTHORITY, a public body corporate and politic and an instrumentality of Mitchell County, Georgia, created under the Constitution and laws of the State of Georgia (hereinafter called the “Issuer”), and FIRST UNITED ETHANOL, LLC, a Georgia limited liability company (hereinafter called the “Borrower”),
CONFIRMATION AGREEMENT Dated as of November 1, 2006 by and between SOUTHWEST GEORGIA FARM CREDIT, ACA and WACHOVIA BANK, NATIONAL ASSOCIATION relating to IRREVOCABLE CONFIRMATION OF LETTER OF CREDITConfirmation Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • North Carolina
THIS CONFIRMATION AGREEMENT (the “Agreement”), dated as of November 1, 2006, is by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Confirming Bank”), and SOUTHWEST GEORGIA FARM CREDIT, ACA, a federally chartered instrumentality organized and existing under the laws of the United States of America (the “LOC Bank”).
TRUST INDENTURETrust Indenture • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals
LOAN AGREEMENT between MITCHELL COUNTY DEVELOPMENT AUTHORITY and FIRST UNITED ETHANOL, LLC Dated as of November 1, 2006Loan Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals
BOND PURCHASE AGREEMENT Among MITCHELL COUNTY DEVELOPMENT AUTHORITY FIRST UNITED ETHANOL, LLC and W.R. TAYLOR & COMPANY, LLC RELATING TO $53,500,000 Mitchell County Development Authority Variable Rate Demand Taxable Economic Development Revenue Bonds...Bond Purchase Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
REIMBURSEMENT AGREEMENT between FIRST UNITED ETHANOL, LLC and SOUTHWEST GEORGIA FARM CREDIT, ACA Dated as of November 30, 2006 $53,500,000 Mitchell County Development Authority, Variable Rate Demand Taxable Economic Development Revenue Bonds Series...Reimbursement Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
THIS REIMBURSEMENT AGREEMENT is made as of the 30th day of November, 2006, by and between First United Ethanol, LLC, a Georgia limited liability company with its principal place of business at 2 West Broad Street, Camilla, Georgia 31730, (“Borrower") and Southwest Georgia Farm Credit, ACA, with offices at 411 West Broughton Street, Bainbridge, Georgia 39818 (the “Credit Provider").
TAX REGULATORY AGREEMENT AMONG MITCHELL COUNTY DEVELOPMENT AUTHORITY FIRST UNITED ETHANOL, LLC AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee $29,000,000 VARIABLE RATE DEMAND SOLID WASTE DISPOSAL REVENUE BONDS (FIRST UNITED ETHANOL, LLC...Tax Regulatory Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
This Tax Regulatory Agreement, dated November 30, 2006 (this “Agreement”), by and between FIRST UNITED ETHANOL, LLC, a Georgia limited liability company (the “Borrower”) and the MITCHELL COUNTY DEVELOPMENT AUTHORITY (the “Issuer”), a nonprofit economic development authority existing under the Constitution and laws of the State of Georgia, and Wells Fargo Bank, National Association (the “Trustee”), a national banking association, is being executed and delivered in connection with the issuance by the Issuer of $29,000,000 Mitchell County Development Authority Variable Rate Demand Solid Waste Disposal Revenue Bonds (First United Ethanol, LLC Project), Series 2006 (the “Bonds”). The Bonds are being issued pursuant to the Trust Indenture dated as of October 1, 2006 (the “Indenture”) between the Issuer and the Trustee with respect to the Bonds. The Bonds are being offered for sale to the public by W.R. Taylor & Company, LLC (the “Underwriter”) in the amount of $29,000,000 (representing 100%
SECURITY AGREEMENTSecurity Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals
FOR VALUE RECEIVED, the undersigned MITCHELL COUNTY DEVELOPMENT AUTHORITY, a public body corporate and politic created and existing under the laws of the State of Georgia (the “Issuer”), and First United Ethanol, LLC, a Georgia limited liability company (the “Borrower”), hereby convey to REGIONS BANK, a banking corporation with a corporate trust office in Atlanta, Georgia (the “Secured Party”) and hereby grant to the Secured Party security title to and a security interest in, the following property: All of that property described in Granting Clauses I, II, III, V and VI in that certain Trust Indenture, dated as of November 1, 2006 (the “Indenture”), between the Issuer and the Secured Party pursuant to which that certain $10,000,000 Mitchell County Development Authority Revenue Bond (First United Ethanol, LLC Project), Series 2006 (the “Bonds”) was issued (hereinafter collectively referred to as the “First Lien Collateral”).
BOND PURCHASE AGREEMENT Among MITCHELL COUNTY DEVELOPMENT AUTHORITY FIRST UNITED ETHANOL, LLC and W.R. TAYLOR & COMPANY, LLC RELATING TO $29,000,000 Mitchell County Development Authority Variable Rate Demand Solid Waste Disposal Revenue Bonds (First...Bond Purchase Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
REMARKETING AGREEMENT by and between FIRST UNITED ETHANOL, LLC and Dated as of October 1, 2006Remarketing Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
This REMARKETING AGREEMENT, dated as of October 1, 2006 (the “Remarketing Agreement”), is by and between First United Ethanol, LLC (the “Borrower”) and W.R. Taylor & Company, LLC (“Taylor”), as the remarketing agent (the “Remarketing Agent”), and is entered into in connection with $29,000,000 Mitchell County Development Authority Variable Rate Demand Solid Waste Disposal Revenue Bonds (First United Ethanol, LLC Project), Series 2006 (the “Bonds”), issued by the Mitchell County Development Authority (the “Issuer”) for the benefit of the Borrower.
SOUTHWEST GEORGIA FARM CREDIT, ACA REVOLVING CREDIT NOTERevolving Credit Note • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
FOR VALUE RECEIVED, FIRST UNITED ETHANOL, LLC (the “Borrower”), a limited liability company organized and existing under the laws of the State of Georgia, hereby promise to pay to the order of SOUTHWEST GEORGIA FARM CREDIT, ACA, an agricultural credit association for itself and as agent/nominee (the “Lender”), at its offices at 411 West Broughton Street, Bainbridge, Georgia 39818, or such other place as Lender shall designate in writing from time to time, the principal sum of ELEVEN MILLION and NO/100 DOLLARS ($11,000,000) (the “Loan”), or so much thereof as shall be advanced pursuant to the Credit Facility Agreement of even date herewith between Borrower and Lender (the “Credit Facility Agreement”), in United States Dollars, together with interest thereon as hereinafter provided. The Credit Facility Agreement is hereby incorporated herein by reference. This is the Revolving Credit Note referred to in the Credit Facility Agreement. All capitalized terms used herein but not otherwise de
REMARKETING AGREEMENT by and between FIRST UNITED ETHANOL, LLC and Dated as of October 1, 2006Remarketing Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals • Georgia
This REMARKETING AGREEMENT, dated as of October 1, 2006 (the “Remarketing Agreement”), is by and between First United Ethanol, LLC (the “Borrower”) and W.R. Taylor & Company, LLC (“Taylor”), as the remarketing agent (the “Remarketing Agent”), and is entered into in connection with $53,500,000 Mitchell County Development Authority Variable Rate Demand Taxable Economic Development Revenue Bonds (First United Ethanol, LLC Project), Series 2006 (the “Bonds”), issued by the Mitchell County Development Authority (the “Issuer”) for the benefit of the Borrower.
October 10, 2006 Mr. Tony Flag First United Ethanol 2 West Broad Street Camilla, GA 31730 Dear Tony:Service Agreement • December 22nd, 2006 • First United Ethanol LLC • Industrial organic chemicals
This document serves as the service agreement between US Water Services and First United Ethanol for the 100 MMgy ethanol plant to be located in Camilla, GA. Signing the service agreement shows the customers intent to utilize US Water Services as the water treatment supplier. Signing the LOI will allow US Water Service to commit to the necessary resources and equipment
