0000950137-07-016724 Sample Contracts

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SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT OF MINNERGY, LLC Dated: Effective November 2, 2007
Member Control Agreement • November 7th, 2007 • Minnergy LLC • Industrial organic chemicals • Minnesota

THIS SECOND AMENDED AND RESTATED MEMBER CONTROL AGREEMENT (the “Agreement”) is entered into effect as of the 2nd day of November, 2007, by and among MinnErgy, 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 1.10.

AMENDED AND RESTATED ESCROW AGREEMENT
Escrow Agreement • November 7th, 2007 • Minnergy LLC • Industrial organic chemicals • Minnesota

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this “Agreement”) is made this 1st day of November, 2007, by and between MinnErgy, LLC a Minnesota limited liability company (“MinnErgy”) and Winona National Bank as escrow agent (the “Escrow Agent”).

UNITED STATES DEPARTMENT OF AGRICULTURE RURAL BUSINESS-COOPERATIVE SERVICE VALUE-ADDED PRODUCER GRANT AGREEMENT
Added Producer Grant Agreement • November 7th, 2007 • Minnergy LLC • Industrial organic chemicals

This Grant Agreement (Agreement) dated September 27, 2007, between MinnErgy, LLC (Grantee), and the United States of America, acting through the Rural Business-Cooperative Service of the Department of Agriculture (Grantor), for $ 300,000 in grant funds under the VAPG program, delineates the agreement of the parties.

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