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ADVANCED BIOENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1.50 per Unit Minimum Investment of 6,666 Units ($10,000) 666 Unit Increments Thereafter ($1,000)

LLC Membership Agreement

ADVANCED BIOENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1.50 per Unit Minimum Investment of 6,666 Units ($10,000) 666 Unit Increments Thereafter ($1,000) | Document Parties: ADVANCED BIOENERGY, LLC | Hawkeye Energy Holdings LLC You are currently viewing:
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ADVANCED BIOENERGY, LLC | Hawkeye Energy Holdings LLC

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Title: ADVANCED BIOENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1.50 per Unit Minimum Investment of 6,666 Units ($10,000) 666 Unit Increments Thereafter ($1,000)
Date: 8/26/2009

ADVANCED BIOENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1.50 per Unit Minimum Investment of 6,666 Units ($10,000) 666 Unit Increments Thereafter ($1,000), Parties: advanced bioenergy  llc , hawkeye energy holdings llc
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EXHIBIT 10.1

ADVANCED BIOENERGY, LLC
SUBSCRIPTION AGREEMENT

Limited Liability Company Membership Units
$1.50 per Unit
Minimum Investment of 6,666 Units ($10,000)
666 Unit Increments Thereafter ($1,000)

     The undersigned subscriber, desiring to become a member of Advanced BioEnergy, LLC (“ Advanced BioEnergy ”), a Delaware limited liability company, with its principal place of business at 10201 Wayzata Boulevard, Suite 250, Minneapolis, Minnesota 55305, hereby, subject to the Confidential Private Placement Memorandum of Advanced BioEnergy, to confirmation with the undersigned of the subscription contemplated hereby, to acceptance by Advanced BioEnergy of the subscription contemplated hereby and to the other terms and conditions of the offering, subscribes for the purchase of the membership interests (“units”) of Advanced BioEnergy, and agrees to pay the related purchase price, identified below.

A.

 

SUBSCRIBER INFORMATION. Please print your individual or entity name and address. Joint subscribers should provide their respective names. Your name and address will be recorded exactly as printed below.

 

 

 

INDIVIDUALS:

 

ENTITIES:

 

 

 

 

 

 

Hawkeye Energy Holdings. LLC

 

Name of Individual Subscriber (Please Print)

 

Name of Entity (Please Print)

 

 

 

224 S. Bell Ave.

 

 

 

 

Ames, IA 50010

 

 

 

 

 

 

 

 

 

 

 

 

Street Address

 

Attention: Timothy B. Callahan
Street Address

 

 

 

 

 

Telephone

 

(515) 233-5405

 

Telephone

 

 

 

 

 

Facsimile

 

(515) 233-5577

 

Facsimile

 

 

 

 

 

Email Address

 

 

 

Email Address

 

B.

 

NUMBER OF UNITS PURCHASED. The minimum participation is $10,000. We may lower the minimum purchase requirement for certain investors at our discretion. Additional units must be purchased in $1,000 unit increments. We presently have 12,651,962 units outstanding. The maximum number of units to be sold in this offering is 4,666,666.

 

 

 

Number of Units Requested to Be Purchased: 2,200,000

 


 

C.

 

PURCHASE PRICE. Indicate the dollar amount of your requested investment (minimum investment is $10,000).

 

 

1.

 

Total Purchase Price
($1.50 per unit multiplied by the number of units to be purchased indicated in Item B above)

 

 

 

 

$3,300,000

D.

 

GENERAL INSTRUCTION FOR SUBSCRIBERS. You should read the Confidential Private Placement Memorandum dated July 24, 2009 (the “Memorandum”) in its entirety including exhibits for a complete explanation of an investment in Advanced BioEnergy.

 

 

 

Instructions if you are subscribing prior to Advanced BioEnergy’s release of funds from escrow:

 

 

1.

 

Complete all information required in this Subscription Agreement, and date and sign the Subscription Agreement and the Member Signature Page Addenda to our Third Amended and Restated Operating Agreement attached as Exhibit B to the Memorandum . A copy of the Subscription Agreement and the Member Signature Page Addenda for you to return to the Company has been enclosed.

 

 

2.

 

Immediately provide your personal or business check for the entire investment amount made payable to “Advanced BioEnergy, LLC.” You will determine this amount in Item C.2 of this Subscription Agreement.

 

 

3.

 

Deliver each of the original executed documents referenced in Items 1 and 2 of these instructions, together with your personal or business check described in Item 2 of these instructions, to the following:

Advanced BioEnergy, LLC
10201 Wayzata Boulevard, Suite 250
Minneapolis, MN 55305
Attention: Chief Executive Officer

 

4.

 

Until confirmation by Advanced BioEnergy of your subscription contemplated hereby and the acceptance by Advanced BioEnergy of the subscription contemplated hereby, this instrument shall be deemed an offer to subscribe for units and shall be non-binding on the undersigned and the undersigned may revoke for any reason, by delivering written notice to Advanced BioEnergy, this subscription. Upon acceptance by Advanced BioEnergy of your offer to subscribe, your subscription will become irrevocable and Advanced BioEnergy will deposit your check and deliver to you a copy of your completed Subscription Agreement signed by Advanced BioEnergy. Any request received from a subscriber for a withdrawal of his, her or its subscription prior to acceptance by Advanced BioEnergy will be honored, and the subscriber’s check for the subscription amount will be immediately returned (without interest).

 

 

5.

 

Upon acceptance of your subscription by Advanced BioEnergy, your funds will be placed in Advanced BioEnergy’s escrow account. The funds will be released to Advanced BioEnergy or returned to you in accordance with the arrangements described in the Memorandum. Advanced BioEnergy may, in its sole discretion, reject or accept any part or all of your subscription at any time. If Advanced BioEnergy rejects your subscription, your Subscription Agreement and check will be promptly returned to you, without interest. Advanced BioEnergy may not consider the acceptance or rejection of your subscription until a future date near the end of this offering.

 

 

Instructions if you are subscribing after Advanced BioEnergy’s release of funds from escrow:

2


 

 

1.

 

Complete all information required in this Subscription Agreement, and date and sign the Subscription Agreement and the Member Signature Page Addenda to our Third Amended and Restated Operating Agreement attached to the Memorandum as Exhibit B. A copy of the Subscription Agreement and the Member Signature Page Addenda for you to return to the Company has been enclosed.

 

 

2.

 

Immediately provide your personal or business check for investment amount made payable to “Advanced BioEnergy, LLC.” You will determine this amount in Item C.1 of this Subscription Agreement.

 

 

3.

 

Deliver each of the original executed documents referenced in Item 1 of these instructions, together with your personal or business check described in Item 2 of these instructions, to the following address:

Advanced BioEnergy, LLC
10201 Wayzata Boulevard, Suite 250
Min


 
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