Letter Amendment Extending Notice to Proceed Deadline between Fagen Inc. and Amaizing Energy Holding Company, LLC

Summary

This agreement is an amendment between Fagen Inc. and Amaizing Energy Holding Company, LLC, extending the deadline for AEHC to provide a valid Notice to Proceed to Fagen regarding a project. The new deadline is April 15, 2008, replacing the previous date of February 28, 2008. If AEHC does not provide the notice by the new date, Fagen may terminate the Letter of Intent and retain any payments made or owed in connection with the project.

EX-10.40 7 k13581a6exv10w40.htm LETTER AGREEMENT exv10w40

Exhibit 10.40

501 West Hwy. 212, P.O. Box 159
Granite Falls, MN 56241
320 ###-###-####
320 ###-###-#### fax

FAGEN INC.

December 28, 2007

Sam Cogdill
Amaizing Energy Holding Company, LLC
2404 West Highway 30
Denison, IA 51442

Re: Extension of Notice to Proceed Date

Dear Sam:

This letter amendment (“Letter Amendment”), when signed by you in the space set forth below, will confirm the agreement between Amaizing Energy Holding Company, LLC (“AEHC”), and Fagen, Inc. (“Fagen”) (sometimes collectively referred to as the “Parties”) with respect to the matters set forth herein relative to the letter agreement executed by the Parties on May 9, 2007 (the “Letter Agreement”).

Fro good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Paragraph 3 of the Letter Agreement which currently reads:

“3. if a valid Notice to Proceed is not received by Fagen on or before February 28, 2008, the Fagen may terminate the Letter of Intent and shall be entitled to collect and retain any and all payments owed by or previously paid by AEHC of its affiliated entities and subsidiaries to Fagen or Fagen Engineering, LLC relating to the Project;”

Shall be deleted in its entirety and replace with the following:

“3. if a valid Notice to Proceed is not received by Fagen on or before April 15, 2008, then Fagen may terminate the Letter of Intent and shall be entitled to collect and retain any and all payments owed by or previously paid by AEHC or its affiliated entities and subsidiaries to Fagen or Fagen Engineering, LLC relating to the Project;”

If the foregoing terms accurately reflect your understanding and are acceptable to you, please sign and return an original counterpart of this letter to Ryan Manthey.


		Yours sincerely,

		Fagen, Inc.

		/s/ Ron Fagen

		By:		Ron Fagen
		Title:		President and CEO

Accepted and agreed to this 31 day of December, 2007.


Amaizing Energy Holding Company, LLC

/s/ Sam J. Cogdill By: Sam J. Cogdill
Title: Chairman CEO