Advanced BioEnergy, LLC Restricted Unit AgreementRestricted Unit Agreement • November 7th, 2006 • Advanced BioEnergy, LLC • Industrial organic chemicals • Delaware
From and after June 1, 2006, upon the occurrence of an Event (as defined below), one restricted Unit (“RU”) will be issued under this Agreement for each 1,000 gallons of additional ethanol production or co-production facility acquired or built by the Company on or prior to April 3, 2009 in addition to the Company’s currently proposed facility located near Fairmont, Nebraska, subject to a maximum of 300,000 RUs being issued under this Agreement. The determination of the timing of the acquisition or development by the Company of an additional ethanol production or co-production facility, as well as the number of gallons of ethanol produced or co-produced at such facility, will be determined by the Board or the Committee in its sole discretion. Each of the following constitutes an “Event:”
