Exhibit 10.2
CLARIFYING AMENDMENT TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT
THIS CLARIFYING AMENDMENT to the ETHANOL STORAGE AND THROUGHPUT AGREEMENT (this “Agreement”), is entered into this 4th day of January, 2016 and effective as of the 1st day of July, 2015 (the “Effective Date”), by and between Green Plains Ethanol Storage LLC (the “Operator”) and Green Plains Trade Group LLC (the “Customer”). Customer and Operator are sometimes referred to in this Agreement as the “Parties” and individually as a “Party.”
WHEREAS, Operator and Customer intended that the Product definition not differentiate between fuel or industrial grade, and denatured or un-denatured product. Terms used herein not defined herein shall have the meaning set forth in the Agreement;
NOW, THEREFORE, in consideration of the mutual premises of the parties and covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows:
1. | The second “WHEREAS” clause shall be modified so that “Product” shall mean Customer’s fuel or industrial grade ethanol, whether denatured or un-denatured. |
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.
OPERATOR: GREEN PLAINS ETHANOL STORAGE LLC
Signature: /s/ Jerry Peters
Print Name:Jerry Peters
Title:Chief Financial Officer
CUSTOMER: GREEN PLAINS TRADE GROUP LLC
Signature: /s/ Jerry Peters
Print Name:Jerry Peters
Title:Chief Financial Officer
EXHIBIT G
TERMINAL DESCRIPTION
Location/Terminals | Minimum Throughput (mmg per calendar quarter) | Ethanol Storage Capacity (mmg) | Tank Bottoms (in gallons) |
Atkinson, Nebraska | 9.38 | 2.074 | 363,000 |
Bluffton, Indiana | 27.90 | 3.000 | 277,170 |
Central City, Nebraska | 22.75 | 2.250 | 300,000 |
Fairmont, Minnesota | 21.56 | 3.124 | 275,000 |
Hereford, Texas | 21.25 | 4.406 | 642,600 |
Hopewell, Virginia | 12.75 | .761 | 166,600 |
Lakota, Iowa | 18.75 | 2.500 | 300,000 |
Obion, Tennessee | 27.96 | 3.000 | 250,000 |
Ord, Nebraska | 11.00 | 1.550 | 150,000 |
Otter Tail, Minnesota | 9.75 | 2.000 | 250,000 |
Riga, Michigan | 13.95 | 1.239 | 190,000 |
Shenandoah, Iowa | 15.11 | 1.524 | 150,000 |
Superior, Iowa | 11.10 | 1.238 | 228,000 |
Wood River, Nebraska | 23.29 | 3.124 | 280,000 |
EXHIBIT H
ETHANOL PRODUCTION FACILITIES
Ethanol Production Plant Location |
Atkinson, Nebraska |
Bluffton, Indiana |
Central City, Nebraska |
Fairmont, Minnesota |
Hereford, Texas |
Hopewell, Virginia |
Lakota, Iowa |
Obion, Tennessee |
Ord, Nebraska |
Otter Trail, Minnesota |
Riga, Michigan |
Shenandoah, Iowa |
Superior, Iowa |
Wood River, Nebraska |