AVENTINE RENEWABLE ENERGY HOLDINGS, INC. 13% SENIOR SECURED NOTES DUE 2015 REGISTRATION RIGHTS AGREEMENT August 19, 2010Registration Rights Agreement • September 10th, 2010 • Nebraska Energy, L.L.C. • Industrial organic chemicals • New York
Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), is issuing and selling to the Holders (as defined below) listed on Annex I, upon the terms set forth in the Company’s August 2010 Confidential Information Memorandum, the Second Backstop Commitment Agreement dated August 2, 2010, by and among the Company, its subsidiaries and the parties listed on Annex II (each a “Backstop Purchaser” and collectively, the “Backstop Purchasers”) (the “Second Backstop Commitment Agreement”), and the Subscription Agreements between the initial Holders of the Notes, on the one hand, and the Company, on the other (the “Subscription Agreements”), $50,000,000 aggregate principal amount of 13% Senior Secured Notes due 2015 (each, together with the related guarantees, a “Note” and collectively, the “Notes”). As an inducement to the Backstop Purchasers to enter into the Second Backstop Commitment Agreement, and as an inducement to the Holders to enter into the Subscription Agreeme
EIGHTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY By and Among The Ports of Indiana Aventine Renewable Energy-Mt Vernon, LLC And Aventine Renewable Energy Holdings, Inc.Lease Agreement • September 10th, 2010 • Nebraska Energy, L.L.C. • Industrial organic chemicals
THIS EIGHTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY (“Eighth Amendment”) is made and entered into this 10th day of December, 2009 by and among the PORTS OF INDIANA, a body corporate and politic existing under the laws of the State of Indiana and formerly known as the Indiana Port Commission (the “Ports”), AVENTINE RENEWABLE ENERGY-MT VERNON, LLC a Delaware Limited Liability Company (“Lessee”, and together the “Parties”) and AVENTINE RENEWABLE ENERGY HOLDINGS, INC. (“Guarantor”).
FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • September 10th, 2010 • Nebraska Energy, L.L.C. • Industrial organic chemicals • Illinois
This First Amendment to Revolving Credit and Security Agreement (the “First Amendment”), is made this 6th day of August, 2010 among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Holdings”), AVENTINE RENEWABLE ENERGY — AURORA WEST, LLC, a Delaware limited liability company (“Aventine Renewable Aurora”), AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation (“Aventine Renewable Inc.”), AVENTINE RENEWABLE ENERGY — MT VERNON, LLC, a Delaware limited liability company (“Aventine Renewable Mt. Vernon”), AVENTINE POWER, LLC, a Delaware limited liability company (“Aventine Power”), NEBRASKA ENERGY, L.L.C., a Kansas limited liability company (“Nebraska Energy” and together Holdings, Aventine Renewable Aurora, Aventine Renewable Inc., Aventine Renewable Mt. Vernon and Aventine Power, each a “Borrower” and jointly and severally, the “Borrowers”), the financial institutions which are now or which hereafter become a party hereto as “Lenders” (collectively, the “Lenders”), and
ASSET PURCHASE AGREEMENT between NEW CIE ENERGY OPCO, LLC and AVENTINE RENEWABLE ENERGY HOLDINGS, INC. made as of August 6, 2010Asset Purchase Agreement • September 10th, 2010 • Nebraska Energy, L.L.C. • Industrial organic chemicals • Delaware
This ASSET PURCHASE AGREEMENT (this “Agreement”) between New CIE Energy Opco, LLC, a Delaware, limited liability company (the “Company” or “Seller”), and Aventine Renewable Energy Holdings, Inc., a Delaware corporation (“Buyer”), is made as of August 6, 2010.
