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As Of Filer Filing For·On·As Docs:Size Issuer Agent 4/09/10 THL Equity Advisors VI, LLC SC 13D/A 3:292K Advanced BioEnergy, LLC Weil Gotshal & Ma… 04/FA Hawkeye Energy Holdings, LLC Thomas H. Lee Advisors, LLC |
Document/Exhibit Description Pages Size 1: SC 13D/A Amendment No.4 HTML 82K 2: EX-99.1 Exhibit 6 - Subscription Agreement HTML 77K 3: EX-99.2 Exhibit 7 - Side Letter HTML 18K
1.
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Amendment of Side
Letter. In accordance with Section 9 of the Side Letter
requiring a written instrument making specific reference to the Side
Letter and signed by each of the parties thereto, the Side Letter shall be
amended such that Section 8(k) is deleted and replaced in its entirety as
follows:
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a.
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Counterparts. This
letter agreement may be executed in multiple counterparts, each of which
when so executed shall be deemed to be an original and all of which taken
together shall constitute one and the same
instrument.
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b.
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Entire Agreement;
Conflicts. The Side Letter, as amended by this letter
agreement, the Subscription Agreement, the Previous Subscription Agreement
and other documents related to the Subscription Agreement or Previous
Subscription Agreement (collectively, the “Subscription
Documents”) constitute the entire agreement of the parties hereto
in respect of the subject matter of the Subscription Documents, and
supersede all prior agreements or understandings, among the parties hereto
in respect of the subject matter of the Subscription
Documents. In the event there is a conflict between the Side
Letter, as amended by this letter agreement and the Subscription Agreement
or Previous Subscription Agreement, the terms of the Side Letter, as
amended by this letter agreement shall prevail and such conflict shall be
resolved in accordance with the terms of the Side Letter, as amended by
this letter agreement.
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c.
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Governing
Law. This letter agreement and any matters arising out
of, or related to, this letter agreement shall be enforced, governed, and
construed in all respects in accordance with the laws of the State of
Delaware applicable to contracts executed and performable solely in such
state, without regard to such conflicts of laws principals as may result
in the application of the substantive laws of any other state or
jurisdiction.
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ADVANCED
BIOENERGY, LLC
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By:
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Richard
R. Peterson
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Name:
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Richard
R. Peterson
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Title:
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CEO
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HAWKEYE
ENERGY HOLDINGS, LLC
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By:
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/s/ Timothy
B. Callahan
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Name:
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Timothy
B. Callahan
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Title:
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Chief
Financial Officer
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This ‘SC 13D/A’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 4/9/10 | |||
9/17/09 | ||||
8/21/09 | 8-K | |||
List all Filings |