FIRST AMENDED AND RESTATED LONG TERM REVOLVING NOTELong Term Revolving Note • February 3rd, 2011 • Highwater Ethanol LLC • Industrial organic chemicals
This Note is executed and delivered pursuant to a Construction Loan Agreement among Borrower, the Administrative Agent, Collateral Agent and Banks dated as of April 24, 2008, (such Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “Agreement”). All capitalized terms used and not otherwise defined in this Note shall have the meanings given to them in the Agreement.
FIRST AMENDED AND RESTATED VARIABLE RATE NOTEVariable Rate Note • February 3rd, 2011 • Highwater Ethanol LLC • Industrial organic chemicals
This Note is executed and delivered pursuant to a Construction Loan Agreement among Borrower, the Administrative Agent, Collateral Agent and Banks dated as of April 24, 2008, (such Construction Loan Agreement, together with all amendments, modifications and supplements thereto and all restatements and replacements thereof is called the “Agreement”). All capitalized terms used and not otherwise defined in this Note shall have the meanings given to them in the Agreement.
MEMBER ETHANOL FUEL MARKETING AGREEMENTEthanol Fuel Marketing Agreement • February 3rd, 2011 • Highwater Ethanol LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT, entered into as of this 1st day of February, 2011, (“Effective Date”) by and between RPMG, Inc., a Minnesota corporation, hereinafter referred to as “RPMG”); and Highwater Ethanol, LLC, a Minnesota limited liability company, hereinafter referred to as (“Member”).
THIRD AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • February 3rd, 2011 • Highwater Ethanol LLC • Industrial organic chemicals
THIS THIRD AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 31st day of January, 2011 between FIRST NATIONAL BANK OF OMAHA, a national banking association as a Bank and as the Administrative Agent and Collateral Agent for the Banks (in such capacities, “Bank”), the other Banks a party to the Loan Agreement referenced below and HIGHWATER ETHANOL, LLC, a Minnesota limited liability company (“Borrower”). This Amendment amends that certain Construction Loan Agreement dated April 24, 2008 between Bank, Banks and Borrower (“Loan Agreement”).
