AMENDED AND RESTATED MEMBER CONTROL AGREEMENT OF HIGHWATER ETHANOL, LLC Dated: Effective February 26, 2007.Member Control Agreement • March 6th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS AMENDED AND RESTATED MEMBER CONTROL AGREEMENT (the “Agreement”) is entered into effective as of the 26th of February, 2007, 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.
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 • March 6th, 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.
FIRST AMENDMENT TO LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN HIGHWATER ETHANOL, LLC AND FAGEN, INC.Lump Sum Design-Build Agreement • March 6th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals
* Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
ESCROW AGREEMENTEscrow Agreement • March 6th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS ESCROW AGREEMENT (this “Agreement”) is made this 20th day of February, 2007, 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”).
SECOND AMENDMENT TO LUMP SUM DESIGN-BUILD AGREEMENT BETWEEN HIGHWATER ETHANOL, LLC AND FAGEN, INC. RECITALSLump Sum Design-Build Agreement • March 6th, 2007 • Highwater Ethanol LLC • Industrial organic chemicals
