SECOND LIEN CREDIT AGREEMENT dated as of June 30, 2006, among HAWKEYE INTERMEDIATE, LLC, THL - HAWKEYE ACQUISITION LLC (to be merged with and into HAWKEYE RENEWABLES, LLC), THE LENDERS PARTY HERETO and CREDIT SUISSE, as Administrative Agent and...Second Lien Credit Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • New York
SECOND LIEN CREDIT AGREEMENT dated as of June 30, 2006 (this “Agreement”), among HAWKEYE INTERMEDIATE, LLC, a Delaware limited liability company, THL - HAWKEYE ACQUISITION LLC, a Delaware limited liability company (“Merger Sub”) to be merged with and into HAWKEYE RENEWABLES, LLC, a Delaware limited liability company (the “Company”), the LENDERS (as defined herein), and CREDIT SUISSE, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.
RESTATED DISTILLER’S GRAINS MARKETING AGREEMENTDistiller’s Grains Marketing Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • Iowa
THIS RESTATED DISTILLER’S GRAINS MARKETING AGREEMENT (this “Restated Agreement”), made and entered into this 7th day of July, 2006, by and between Hawkeye Renewables, LLC, a Delaware limited liability company (“HR”), and United Bio Energy Ingredients, LLC, a Kansas limited liability company (“UBE”).
FIRST LIEN CREDIT AGREEMENT dated as of June 30, 2006, among HAWKEYE INTERMEDIATE, LLC, THL - HAWKEYE ACQUISITION LLC (to be merged with and into HAWKEYE RENEWABLES, LLC), THE LENDERS PARTY HERETO and CREDIT SUISSE, as Administrative Agent and...First Lien Credit Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • New York
FIRST LIEN CREDIT AGREEMENT dated as of June 30, 2006 (this “Agreement”), among HAWKEYE INTERMEDIATE, LLC, a Delaware limited liability company, THL - HAWKEYE ACQUISITION LLC, a Delaware limited liability company (“Merger Sub”) to be merged with and into HAWKEYE RENEWABLES, LLC, a Delaware limited liability company (the “Company”), the LENDERS (as defined herein), and CREDIT SUISSE, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.
RESTRICTED UNIT AGREEMENTRestricted Unit Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • Delaware
This Restricted Unit Agreement (this “Agreement”) is made as of this 30th day of June, 2006 (the “Effective Date”) between Hawkeye Intermediate, LLC, a Delaware limited liability company (the “Company”), Hawkeye Holdings, Inc., a Delaware corporation (“IPO Corp.”), and Timothy Callahan (the “Employee”). Certain capitalized terms used herein are defined in Section 7 hereof.
EXECUTIVE EMPLOYMENT AND NON-COMPETITION AGREEMENTExecutive Employment and Non-Competition Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • Iowa
AGREEMENT, dated as of the 30th day of June, 2006, by and among Hawkeye Renewables, LLC, a Delaware limited liability company (the “Company”), Hawkeye Intermediate, LLC, a Delaware limited liability company (“Holdings”), Hawkeye Holdings, Inc., a Delaware corporation (“IPO Corp.”), and Bruce Rastetter, a resident of Iowa (the “Executive”).
MANAGEMENT AGREEMENTManagement Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • New York
This Management Agreement (this “Agreement”) is entered into as of the 30th day of June, 2006, by and between Hawkeye Renewables, LLC, a Delaware limited liability company (the “Company”), and THL Managers VI, LLC, a Delaware limited liability company (the “Sponsor”).
MEMBERSHIP INTEREST PURCHASE AGREEMENT BY AND AMONG HAWKEYE HOLDINGS, L.L.C. HAWKEYE RENEWABLES, LLC THL-HAWKEYE ACQUISITION LLC THL HAWKEYE ACQUISITION PARTNERS, THL HAWKEYE ACQUISITION PARTNERS II and THL HAWKEYE ACQUISITION PARTNERS III Dated as of...Membership Interest Purchase Agreement • July 7th, 2006 • Hawkeye Holdings, Inc. • Industrial organic chemicals • New York
This Membership Interest Purchase Agreement (the “Agreement”) is made and entered into as of May 11, 2006, by and among HAWKEYE HOLDINGS, L.L.C., an Iowa limited liability company (the “Seller”), HAWKEYE RENEWABLES, LLC, a Delaware limited liability company (the “Company”), THL Hawkeye Acquisition Partners, a Delaware general partnership (“Buyer I”), THL Hawkeye Acquisition Partners II, a Delaware general partnership (“Buyer II”), and THL Hawkeye Acquisition Partners III, a Delaware general partnership (“Buyer III”, with each of Buyer I, Buyer II and Buyer III being referred to individually as a “Buyer” and collectively as the “Buyer”), and THL-HAWKEYE ACQUISITION LLC, a Delaware limited liability company (“Merger Company”).
