GUARANTYGuaranty • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce Winona National Bank (herein, with its participants, successors and assigns, called “Lender”), at its option, at any time or from time to time to make loans or extend other accommodations to or for the account of MinnErgy, LLC (herein called “Borrower”) or to engage in any other transactions with Borrower, the Undersigned hereby absolutely and unconditionally guarantees to Lender the full and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of the debts, liabilities and obligations described as follows:
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals • Minnesota
THIS AMENDED AND RESTATED ESCROW AGREEMENT (this “Agreement”) is made this 13th day of March, 2008, by and between MinnErgy, LLC a Minnesota limited liability company (“MinnErgy”) and Winona National Bank as escrow agent (the “Escrow Agent”).
AGREEMENTGuaranty Agreement • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals
This Agreement is made by and among MinnErgy, LLC, a Minnesota limited liability company, (the “Company”), and the undersigned (each a “Guarantor” and collectively the “Guarantors”), each of whom is a member of the Company and a guarantor of obligations of the Company to Winona National Bank (the “Lender”).
NEGATIVE PLEDGE AGREEMENTNegative Pledge Agreement • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals
This indenture is made and entered into this 11th day of April 2008 by MinnErgy, LLC, Daniel H. Arnold, Chairman of the Board (“Pledger”) and in favor of Winona National Bank (“Pledgee”).
SUBLEASESublease Agreement • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals
This agreement is made and entered into as of November 12, 2007, by and between All American Cooperative, a Minnesota corporation, part of the first part, Sublessor, and MinnErgy, LLC, a Minnesota corporation, part of the second part, Sublessee.
MinnErgy, , LLC Winona National BankLoan Agreement • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals
ACCRUAL METHOD: Interest will be calculated on a Actual/360 basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below:
GUARANTOR NAME AND ADDRESS LENDER NAME AND ADDRESS ALL AMERICAN CO-OP Winona National Bank Number 71490 PO BOX 125 204 Main St PO Box 499 Amount 2,040,000.00 STEWARTVILLE, MN 55976 Winona, MN 55987 Date 4/11/08Guaranty • April 25th, 2008 • Minnergy LLC • Industrial organic chemicals
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce Lender (with its participants, successors and assigns), at its option, at any time or from time to time to make loans or extend other accommodations to or for the account of MinnErgy, LLC ______ (Borrower) or to engage in any other transactions with Borrower, the Guarantor hereby absolutely and unconditionally guarantees to the Lender the full and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of the debts, liabilities and obligations described as follows:
