SUPPLY AGREEMENTSupply Agreement • February 9th, 2009 • MGP Ingredients Inc • Grain mill products • Delaware
THIS SUPPLY AGREEMENT (the “Agreement”), dated as of this 24th, day of October, 2008, by and between CONAGRA FOODS FOOD INGREDIENTS COMPANY, INC., a Delaware corporation (“SUPPLIER”), and MGP Ingredients, Inc., a Kansas corporation (“BUYER”).
MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING (secures future advances and future obligations, but Maximum Amount Secured, as defined in and subject to the provisions of Section 1 below, equals $19,700,000)MGP Ingredients Inc • February 9th, 2009 • Grain mill products
This Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (the “Mortgage”) is given as of November 7, 2008, by MGP INGREDIENTS, INC., a Kansas corporation formerly known as Midwest Grain Products, Inc. and, before that, as Midwest Solvents Company, Inc. and as successor by merger to Midwest Grain Processing Equipment Company, Inc. (the “Borrower”), with an office located at Cray Business Plaza, 100 Commercial Street, Atchison, Kansas 66002, to COMMERCE BANK, N.A., a national banking association, as Agent for the Banks from time to time party to the Credit Agreement referred to below (in such capacity, the “Agent”), with an office located at 1000 Walnut Street, Kansas City, Missouri 64105.
MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING (secures future advances and future obligations, but Maximum Amount Secured, as defined in and subject to the provisions of Section 1 below, equals $700,000)MGP Ingredients Inc • February 9th, 2009 • Grain mill products
This Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (the “Mortgage”) is given as of December 23, 2008, by MGP INGREDIENTS, INC., a Kansas corporation (the “Borrower”), with an office located at Cray Business Plaza, 100 Commercial Street, Atchison, Kansas 66002, to COMMERCE BANK, N.A., a national banking association, as Agent for the Banks from time to time party to the Credit Agreement referred to below (in such capacity, the “Agent”), with an office located at 1000 Walnut Street, Kansas City, Missouri 64105.
COMMODITY ACCOUNT CONTROL AGREEMENTCommodity Account Control Agreement • February 9th, 2009 • MGP Ingredients Inc • Grain mill products • Illinois
This Commodity Account Control Agreement (the “Agreement”), dated as of November 19, 2008, is made by and among MGP INGREDIENTS, INC, a Kansas corporation (together with its successors and assigns, “Debtor”), COMMERCE BANK, N.A. as Agent for the Banks, as such terms are defined in the Credit Agreement referred to below (together with its successors and assigns, and in such capacity, “Secured Party”), and ADM INVESTOR SERVICES, INC. (together with its successors and assigns, “Commodity Intermediary”).
