LICENSE AGREEMENT THE E-GAS™ TECHNOLOGYLicense Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined • Ohio
This License Agreement (this “Agreement”), dated this 18th day of April 2003 (the “Effective Date”), is entered into by and between Gasification Engineering Corp., an Ohio corporation (“GEC”), and Lima Energy Company, an Ohio corporation (“Licensee”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined • Ohio
This Agreement (this “Agreement”) is effective as of June 18, 2007 by and between Global Energy, Inc., an Ohio corporation (the “Company”), and ___________________ (the “Indemnitee”).
STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This STRATEGIC ALLIANCE AGREEMENT (this “Agreement”) is made as of February 23, 2007 by and among STONE & WEBSTER LTD., a United Kingdom limited liability company having a principal office address at Witan Gate House, 500-600 Witan Gate West, Milton Keynes England (“S&W”) and GLOBAL ENERGY, INC., an Ohio corporation having a principal office address at 312 Walnut Street, Suite 2300, Cincinnati, Ohio 45202 (“GE Inc.”). S&W and Global each may be referred to from time to time herein as a “Party” and collectively as the “Parties”.
ASSET PURCHASE AND SALE AGREEMENT BETWEEN Global Energy, Inc., Wabash River Energy Ltd., And Gasification Engineering Corporation AS SELLER AND ConocoPhillips Company AS BUYER DATED AS OF JULY 30, 2003Asset Purchase and Sale Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined • New York
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into as of the 30th day of July, 2003, by and between Global Energy, Inc. (“Global Energy”), an Ohio corporation, Gasification Engineering Corporation (“GEC”), a wholly-owned Global Energy, Inc. affiliate, an Ohio corporation and Wabash River Energy Ltd. (“WREL”), a wholly-owned Global Energy, Inc. affiliate, an Indiana corporation (Global Energy, GEC, and WREL are collectively and individually referred to as “Seller”), and ConocoPhillips Company, a Delaware corporation (“Buyer”). These entities are sometimes individually referred to as “Party” and are sometimes collectively referred to as “Parties.”
STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This STRATEGIC ALLIANCE AGREEMENT (this “Agreement”) is made as of December 21, 2006 by and among OXBOW CARBON & MINERALS LLC, a Delaware limited liability company having a principal office address at 1601 Forum Place, Suite 1400, West Palm Beach, Florida 33401 (“Oxbow”) and GLOBAL ENERGY, INC., an Ohio corporation having a principal office address at 312 Walnut Street, Suite 2650, Cincinnati, Ohio 45202 (“Global Energy”). Oxbow and Global each may be referred to from time to time herein as a “Party” and collectively as the “Parties”.
Fuel Reserve AgreementFuel Reserve Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This Agreement by and between Global Energy, Inc, a corporation licensed to do business in Ohio with a principal mailing address of 312 Walnut Street, Cincinnati, Ohio 45202 and hereinafter “Global” and Midwest Minerals, Inc., a corporation licensed to do business in the State of Indiana and with a principal mailing address of 19 South Sixth Street, Suite 805, Terre Haute, Indiana 47807 and hereinafter “Midwest” is accepted by the parties this 20th day of January, 2004.
Contract to Install Material Handling Equipment Between Lima Energy Company (As Owner) And Roberts & Schaefer Company (As Contractor) September 16, 2004Material Handling Equipment Engineering – Procurement – Installation Contract • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
THIS Agreement, made and entered into this 16th day of September, 2004, by and between ROBERTS & SCHAEFER COMPANY, with principal offices in Chicago, IL, herein called (“Contractor”), and LIMA ENERGY COMPANY, with principal offices in Cincinatti, OH, herein called (“Company”), separately or together may be called (Party or Parties).
FIRST AMENDMENT TO ASSET PURCHASE AND SALE AGREEMENT BETWEEN Global Energy, Inc., Wabash River Energy Ltd., and Gasification Engineering Corporation AS SELLER and ConocoPhillips Company AS BUYERAsset Purchase and Sale Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This First Amendment to the Asset Purchase and Sale Agreement (this “Amendment”), dated as of January 20, 2006, is entered into by and between Global Energy, Inc., (“Global Energy”) an Ohio Corporation, Wabash River Energy Ltd., (“WREL”) a wholly owned Global Energy affiliate, an Indiana Corporation, and Gasification Engineering Corporation (“GEC”) a wholly owned Global Energy affiliate, an Ohio Corporation (Global Energy, GEC and WREL are collectively and individually referred to as “Seller”), and ConocoPhillips Company, a Delaware corporation (“Buyer”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of July 23, 2007 (this “Agreement”), is entered into by and between WABASH RIVER ENERGY, LTD., an Indiana corporation (the “Pledgor”), and STANDARD GENERAL MASTER FUND L.P. (the “Secured Party”), the holder of that certain Secured Promissory Note issued on the date hereof in the original aggregate principal amount of $14,300,000, as the same may be amended from time to time (the “Note”), issued by Pledgor, pursuant to that certain Loan and Security Agreement dated as of the date hereof between Pledgor and Secured Party (the “Loan Agreement”).
CONTINUING GUARANTYContinuing Guaranty • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This Guaranty (“Guaranty”) is executed and delivered as of the date set forth below by the undersigned guarantor (“Guarantor”) in favor of OnFlight, Inc.(“Secured Party”). Secured Party may, from time to time, enter into agreements with Global Energy, Inc. (“Grantor”). Secured Party is unwilling to enter into such agreements with Grantor, unless Guarantor absolutely and unconditionally guarantees to Secured Party the payment and performance of all obligations of Grantor at any time owing to Secured Party in an amount not to exceed $1,200,000.00. With knowledge that Secured Party will enter into agreements with or extend financial accommodations to Grantor in reliance upon the existence of this Guaranty and the validity and enforceability of the obligations and liabilities of Guarantor to Secured Party contemplated hereby, Guarantor agrees with Secured Party as follows:
Amendment I Fuel Reserve AgreementFuel Reserve Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This Fuel Reserve Agreement Amendment I, by and between Global Energy, Inc., of Cincinnati, Ohio (hereinafter “Purchaser”) and Midwest Minerals, Inc., (hereinafter “Seller”) of Terre Haute, Indiana, effective this 19th day of January, 2005, shall modify, change, clarify or enhance a certain Fuel Reserve Agreement created and established by and between the parties on January 20th, 2004.
= Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.Licence Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
LOAN AND SECURITY AGREEMENT between Wabash River Energy, Ltd., as Borrower and Standard General Master Fund L.P., as Lender Dated as of July 23, 2007Loan and Security Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined • New York
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of July 23, 2007, is made between Wabash River Energy, Ltd., an Indiana corporation (the “Company”), and Standard General Master Fund L.P., a Cayman Islands exempt limited partnership, or its designee or any successor lender that becomes a “Lender” under this Agreement (“Lender”).
AMENDMENT TO COAL SUPPLY AGREEMENTCoal Supply Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
THIS AMENDMENT TO COAL SUPPLY AGREEMENT (this “Amendment”) is made as of June 14, 2007 (the “Effective Date”), by and between Wabash River Energy, Ltd., an Indiana corporation (“Buyer”), and Midwest Mining Company, LLC, an Indiana limited liability company (“Supplier”).
A NiSource CompanyLetter Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
The purpose of this letter agreement is to amend certain terms and provisions of that certain letter agreement dated May 11, 2004, entered into between Lima Energy Company (Customer) and Columbia Gas Transmission Corporation (Columbia). Customer and Columbia agree to the following:
PROMISSORY NOTEPromissory Note • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined • Ohio
This Promissory Note (“Note”) is made effective as of this 26th day of July, 2007 (“Effective Date”), by and among Global Energy, Inc., a corporation organized under the laws of the State of Ohio, (“Grantor”), and Ohio National Financial Services, Inc. (“Lender”).
FOURTH AMENDMENT TO STOCKHOLDERS AGREEMENTStockholders Agreement • August 10th, 2007 • Global Energy, Inc. • Electric & other services combined
This Third Amendment to Stockholders Agreement (this “Amendment”) is made and entered into as of the 19th day of June, 2007 by and among GLOBAL ENERGY, INC., an Ohio corporation (the “Company”), and the stockholders of the Company listed on Schedule I attached hereto (the “Stockholders”), with reference to the following facts:
