0001144204-11-006114 Sample Contracts

BIOFUEL ENERGY CORP., MELLON INVESTOR SERVICES LLC, as Depositary, and THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY SHARES DESCRIBED HEREIN
Deposit Agreement • February 4th, 2011 • BioFuel Energy Corp. • Industrial organic chemicals • New York

DEPOSIT AGREEMENT dated as of February 4, 2011, among BIOFUEL ENERGY CORP., a corporation duly organized and existing under the laws of the State of Delaware, MELLON INVESTOR SERVICES LLC (operating with the service name BNY Mellon Shareowner Services), a limited liability company existing under the laws of the State of New Jersey, and the holders from time to time of the Depositary Shares (as hereinafter defined) described herein.

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THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF BIOFUEL ENERGY, LLC THE LLC INTERESTS REPRESENTED BY THIS THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT HAVE NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT...
Limited Liability Company Agreement • February 4th, 2011 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

THIS THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of BioFuel Energy, LLC (the “LLC” or the “Company”), is made as of February 4, 2011, among the Members (as defined below).

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