CONTROL AGREEMENT AND ASSIGNMENT OF HEDGING ACCOUNTControl Agreement and Assignment of Hedging Account • September 11th, 2009 • MGP Ingredients Inc • Grain mill products • Illinois
WHEREAS, the undersigned, MGP INGREDIENTS, INC., a Kansas corporation (hereinafter called the “Debtor”), whose address is, 100 Commercial Street, Atchison, KS 66002 carries certain hedging accounts, including without limitation Hedging Accounts (No. 234-34802, 234-34803, 234-34804, 234-34805, 234-34806, 234-34807, 234-34808) (collectively, the “Account”) with the firm of ADM INVESTOR SERVICES, INC., as brokers (hereinafter called the “Broker”), whose address is Suite 1600A, 141 W. Jackson Blvd., Chicago, Illinois 60604, for hedging transactions in commodities futures contracts; and Debtor is or will be indebted to WELLS FARGO BANK, NATIONAL ASSOCIATION, acting through its Wells Fargo Business Credit operating division, whose address is MAC N9312-040, 109 South 7th Street, 4th Floor, Minneapolis, MN 55402 (hereinafter called the “Secured Party”), pursuant to the terms of that certain Credit and Security Agreement dated as of July , 2009, by and between Debtor and the Secured Party (as t
