AMENDED AND RESTATED OPERATING AGREEMENT OF AMAIZING ENERGY HOLDING COMPANY, LLC Dated: Effective January 11, 2008Operating Agreement • February 12th, 2008 • Amaizing Energy Holding Company, LLC • Industrial organic chemicals • Iowa
THIS AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 11th day of January, 2008 (the “Effective Date”), by and among Amaizing Energy Holding Company, LLC, an Iowa 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.
AMAIZING ENERGY HOLDING COMPANY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $ ___per Unit Minimum Investment of Units ($25,000) Increments of Units Thereafter ($5,000)Subscription Agreement • February 12th, 2008 • Amaizing Energy Holding Company, LLC • Industrial organic chemicals
The undersigned subscriber (sometimes referred to as “you” or the “Subscriber”), desiring to become a member of Amaizing Energy Holding Company, LLC, an Iowa limited liability company, with its principal place of business at 2404 West Highway 30, Denison, Iowa (the “Company”), hereby subscribes for the purchase of membership units (“Units”) of the Company, and agrees to pay the related purchase price, identified below.
ESCROW AGREEMENTEscrow Agreement • February 12th, 2008 • Amaizing Energy Holding Company, LLC • Industrial organic chemicals • Iowa
THIS ESCROW AGREEMENT PART I (this “Agreement” or “Escrow Agreement Part I”) is made this day of , 2008, by and between Amaizing Energy Holding Company, LLC, an Iowa limited liability company (the “Company”), Smith Hayes Financial Services Corporation, a Nebraska corporation and registered broker dealer (“SHFSC”), and Bank Iowa and The Security National Bank of Sioux City, Iowa, together serving as the escrow agent (the “Escrow Agent”).
AMAIZING ENERGY HOLDING COMPANY, LLC Units Placement Agency AgreementPlacement Agency Agreement • February 12th, 2008 • Amaizing Energy Holding Company, LLC • Industrial organic chemicals • Illinois
