AMENDMENT NUMBER TWO TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • April 7th, 2009 • Verasun Energy Corp • Industrial organic chemicals
This Amendment Number Two to Asset Purchase Agreement (this “Amendment”), dated as of March 31, 2009, by and among Valero Renewable Fuels Company, LLC, a Texas limited liability company (“Buyer”), Valero Energy Corporation, a Delaware corporation (“Parent”), VeraSun Energy Corporation, a South Dakota corporation (the “Company”), and each of the following entities (such entities, together with the Company, collectively, “Sellers”): VeraSun Aurora Corporation, a South Dakota corporation; VeraSun Charles City, LLC, a Delaware limited liability company; VeraSun Fort Dodge, LLC, a Delaware limited liability company; VeraSun Hartley, LLC, a Delaware limited liability company; VeraSun Marketing, LLC, a Delaware limited liability company; VeraSun Welcome, LLC, a Delaware limited liability company; and VeraSun Reynolds, LLC, a Delaware limited liability company. Buyer, Parent and Sellers are sometimes herein referred to as the “Parties”.
ASSET PURCHASE AGREEMENT DATED AS OF April 2, 2009 BY AND AMONG RBF ACQUISITION II, LLC, VERASUN ENERGY CORPORATION, US BIOENERGY CORPORATION AND VERASUN CENTRAL CITY, LLCAsset Purchase Agreement • April 7th, 2009 • Verasun Energy Corp • Industrial organic chemicals • New York
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of April 2, 2009 (the “Effective Date”), by and among RBF Acquisition II, LLC, a Delaware limited liability company (“Buyer”), VeraSun Energy Corporation, a South Dakota corporation (the “Company”), US BioEnergy Corporation, a South Dakota corporation (“US Bio”), and VeraSun Central City, LLC, a Nebraska limited liability company (“Central City,” and together with the Company and US Bio, the “Sellers”). Capitalized terms used herein and not otherwise defined herein have the meanings set forth in Article 1.
