FIRST AMENDMENT TO THE ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 12th, 2008 • Ethanex Energy, Inc. • Industrial organic chemicals • Delaware
THIS FIRST AMENDMENT (“Amendment”), dated as of March 11, 2008 with an effective date as of March 10, 2008 (the “Effective Date”), is made to that certain Asset Purchase Agreement, dated February 10, 2008 (the “Agreement”), by MIDWEST RENEWABLE ENERGY, LLC, a Nebraska limited liability company (“Seller”), ETHANEX ENERGY, INC., a Nevada corporation (“Ethanex”), Ethanex Sutherland Land, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“RE LLC”), Ethanex Sutherland, LLC, a Delaware limited liability company that is wholly owned by Ethanex (“Ethanex Sutherland”), Ethanex Phase I, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase I Buyer”), Ethanex Phase II, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase II Buyer”), and Ethanex Phase III, LLC, a Delaware limited liability company that is wholly owned by Ethanex Sutherland (“Phase III Buyer,” and together with Phase I
