Amendment to Ethanol Marketing Agreement, dated October 14, 2002

Contract Categories: Business Operations - Marketing Agreements
EX-10.1 2 c07184exv10w1.htm AMENDMENT TO ETHANOL MARKETING AGREEMENT, DATED OCTOBER 14, 2002 exv10w1
 

EXHIBIT 10.1
Amendment to Ethanol Marketing Agreement
Effective Date: June 18, 2006
     VeraSun Aurora Corporation, formerly known as VeraSun Energy Corporation (“VeraSun Aurora"), and Aventine Renewable Energy (“AREI”) are parties to that certain Ethanol Marketing Agreement dated as of October 14, 2002, as amended as of December 8, 2003 and February 22, 2005 (the “Agreement”). The parties have discussed certain amendments to the Agreement as set forth below.
     Accordingly, in consideration of the mutual promises and covenants contained herein and in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, VeraSun Aurora and AREI agree as follows:
1. Section 5 of the Agreement is hereby amended to include the following paragraph J:
  J.   Unit Trains. In addition to any other payments due to VeraSun Aurora under this Agreement, AREI shall pay VeraSun Aurora $(**) per gallon of ethanol purchased from VeraSun Aurora and shipped by means of a Unit Train to a Unit Train Receiving Facility. The payment cycle for Unit Train shipments shall begin at the time the relevant Unit Train has been loaded and is ready to be moved from VeraSun Aurora’s facility. For purposes of this paragraph J, a “Unit Train” shall mean any train assembled at VeraSun Aurora consisting of a minimum of 60 ethanol cars destined to be offloaded at a Unit Train Receiving Facility, and a “Unit Train Receiving Facility” shall mean any destination that receives Unit Trains for the purposes of offloading ethanol.
2. Except as provided above, all other terms of the Agreement, as amended, shall remain in full force and effect until its termination on March 31, 2007.
     The parties have executed this Amendment to the Agreement effective as of date indicated above.
             
VeraSun Aurora Corporation   Aventine Renewable Energy
One VeraSun Place   P.O. Box 10
Aurora, SD 57002   Pekin, IL 61555
 
           
By:
  /s/ William L. Honnef   By:   /s/ John R. Gray
 
           
Title:
  SVP Sales and Marketing   Title:   VP Logistics & Development
 
           
Date:
  June 19, 2006   Date:   June 26, 2006
 
           
 
1)   This confidential information has been omitted pursuant to a request for confidential treatment.
 
2)   The material has been filed separately with the SEC.