US BIOENERGY CORPORATION STOCK OPTION AWARD TO Gordon W. OmmenStock Option Agreement • December 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
THIS AGREEMENT is between US BioEnergy Corporation, (the “Company”) and the individual named above (the “Optionee”). Pursuant to the Company’s 2005 Stock Incentive Plan (the “Plan”), the Company and the Optionee hereby agree as follows:
US BIOENERGY CORPORATION 2006 STOCK INCENTIVE PLAN NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • December 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS NON-QUALIFIED STOCK OPTION AGREEMENT (this “Agreement”), dated as of December 15, 2006 (the “Date of Grant”), is made by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and Gordon W. Ommen (the “Optionee”).
SHAREHOLDERS’ AGREEMENTShareholders Agreement • December 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
This SHAREHOLDERS’ AGREEMENT (as amended from time to time, this “Agreement”), dated as of December 20, 2006, by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and each of the shareholders of the Company listed on the signature page hereto (together with any shareholder of the Company who subsequently becomes a party to this Agreement in accordance with the terms hereof, the “Shareholders” and each a “Shareholder”).
Lock-Up AgreementLock-Up Agreement • December 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
This Lock-Up Agreement is being delivered to you in connection with the proposed Underwriting Agreement (the “Underwriting Agreement”) to be entered into by US BioEnergy Corporation, a South Dakota corporation (the “Company”), and you and the other underwriters named in Schedule A to the Underwriting Agreement, with respect to the public offering (the “Offering”) of common stock, $0.01 par value, of the Company (the “Common Stock”).
US BIOENERGY CORPORATION 2006 STOCK INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • December 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • South Dakota
THIS RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”), dated as of December 15, 2006 (the “Date of Grant”), is made by and between US BioEnergy Corporation, a South Dakota corporation (the “Company”), and Gordon W. Ommen (the “Recipient”).
JOINT FILING AGREEMENTJoint Filing Agreement • December 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals
In accordance with Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree to the joint filing with all other Reporting Persons (as such term is defined in the Schedule 13D referred to below) on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the common stock, par value $0.01 per share, of US BioEnergy Corporation, a South Dakota Corporation, and that this Agreement may be included as an Exhibit to such joint filing. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
