AMENDED AND RESTATED MEMBER CONTROL AGREEMENT OF HIGHWATER ETHANOL, LLC Dated: Effective .Member Control Agreement • February 7th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS AMENDED AND RESTATED MEMBER CONTROL AGREEMENT (the “Agreement”) is entered into effective as of the of , 2006, by and among Highwater Ethanol, LLC, a Minnesota 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.
ESCROW AGREEMENTEscrow Agreement • February 7th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS ESCROW AGREEMENT (this “Agreement”) is made this day of , 200 , by and between Highwater Ethanol, LLC a Minnesota limited liability company (“Highwater Ethanol”) and Minnwest Bank of Redwood Falls, Minnesota as escrow agent (the “Escrow Agent”).
HIGHWATER ETHANOL, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $10,000 per Unit Minimum Investment of 1 Unit ($10,000) 1 Unit Increments Thereafter ($10,000)Subscription Agreement • February 7th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals
The undersigned subscriber (“Subscriber”), desiring to become a member Highwater Ethanol, LLC (“Highwater Ethanol”), a Minnesota limited liability company, with its principal place of business at 205 S. Main Street, PO Box 96, Lamberton, Minnesota 56152 hereby subscribes for the purchase of membership units of Highwater Ethanol, and agrees to pay the related purchase price, identified below.
CONSULTING AGREEMENTConsulting Agreement • February 7th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals • Iowa
This Consulting Agreement (the “Agreement”) is made this 22nd day of December, 2006 (the “Effective Date”), by and between Above Zero Media, LLC, a North Dakota limited liability company, with an address of 3049 24th Avenue SW Fargo, North Dakota 58103, (Above Zero Media), and Highwater Ethanol, LLC, (“Client”).
