Exhibit 4.2
LIBERTY RENEWABLE FUELS
LLC
SUBSCRIPTION
AGREEMENT
Limited Liability Company
Membership Units
$5,000 PER UNIT
MINIMUM INVESTMENT OF 4 UNITS
($20,000)
1 UNIT INCREMENTS THEREAFTER
($5,000)
The undersigned subscriber, desiring
to become a member of Liberty Renewable Fuels LLC (“
Liberty ”), a Delaware limited liability company, with
its principal place of business at 3508 E. M-21, Corunna, Michigan
48817, hereby subscribes for the purchase of the membership
interests of Liberty 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.
|
|
|
|
|
|
|
|
1.
|
|
Subscriber’s Printed Name:
|
|
|
|
|
|
|
|
2.
|
|
Title, if
applicable:
|
|
|
|
|
|
|
|
3.
|
|
Subscriber’s Address:
|
|
|
|
|
|
|
|
|
|
Street
|
|
|
|
|
|
|
|
|
|
City,
State, Zip Code:
|
|
|
|
|
|
|
|
4.
|
|
Email
Address:
|
|
|
|
B.
|
NUMBER OF
UNITS PURCHASED. You must
purchase at least 4 units. Your ownership interest may not exceed
20% of all our outstanding membership units. We presently have
units outstanding. Therefore, the maximum number of units you may
own is
units if we sell the minimum offering and
units if we sell the maximum.
|
(“ Number of Units
”)
|
C.
|
PURCHASE
PRICE. Indicate the
dollar amount of your investment (minimum investment is
$20,000).
|
|
|
|
|
|
|
|
|
|
|
|
1. Total Purchase Price
($5,000.00 Per Unit multiplied
by the Number in box B
above.)
|
|
=
|
|
2. 1 st Installment
(20% of the Total Purchase
Price)
|
|
+
|
|
3. 2 nd Installment
(80% of the Total Purchase
Price)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
=
|
|
|
|
+
|
|
|
|
(“ Subscription Price
”)
|
|
|
|
|
|
|
|
|
|
D.
|
GENERAL
INSTRUCTION FOR SUBSCRIBERS : You should read Liberty’s Prospectus
dated
(the “ Prospectus ”) in its entirety, including
exhibits, for a complete explanation of an investment in Liberty
Renewable Fuels LLC.
|
INSTRUCTIONS — YOU MUST
FOLLOW STEPS 1 THROUGH 3 BELOW:
|
|
1.
|
Complete all
information required in this Subscription Agreement, and date and
sign the Subscription Agreement on page 5 and the Member Signature
Page to our Company Agreement attached to this Subscription
Agreement as Exhibit A .
|
|
|
2.
|
Immediately
provide your personal (or business) check for twenty percent
(20%) (100% if this Subscription Agreement is submitted
following Liberty’s execution of loan agreements which
provide for debt financing for the project) of the amount of your
investment (as determined in Subscription Price and Number of Units
purchased on page 1) made payable to “ Fifth Third Bank,
Escrow Agent for Liberty Renewable Fuels LLC
.”
|
|
|
3.
|
Deliver 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:
|
1
|
|
|
|
|
|
|
|
|
Liberty Renewable Fuels LLC
3508 E. M-21
Corunna, Michigan 48817
Attention: David
Skjaerlund
|
|
|
If we accept your investment, your
funds will be at-risk upon the initial closing as described in the
Prospectus. Liberty may, in its sole discretion, reject or accept
any part or all of your subscription. If Liberty rejects your
subscription, your Subscription Agreement and investment will be
returned to your promptly. Liberty may not consider the acceptance
or rejection of your subscription until a future date near the end
of this offering.
YOU MAY DIRECT YOUR QUESTIONS TO
ONE OF OUR MANAGERS LISTED BELOW AT (989) 743-1042, OR AT OUR
BUSINESS ADDRESS LIBERTY RENEWABLE FUELS LLC, 3508 E. M-21,
CORUNNA, MICHIGAN 48817:
|
|
|
|
|
|
|
POSITION
|
|
David
Skjaerlund
|
|
Manager,
President & Chief Executive Officer
|
|
Tom
Pumford
|
|
Manager, Chief
Financial Officer and Secretary
|
|
Wilson
Lauer
|
|
Manager &
Vice President
|
|
Dennis
Muchmore
|
|
Manager &
Vice President
|
|
Bob
Kennedy
|
|
Manager &
Vice President
|
|
Matt
Dutcher
|
|
Manager &
Vice President
|
|
E.
|
ADDITIONAL
SUBSCRIBER INFORMATION .
The subscriber, named above, certifies the following under the
penalties of perjury:
|
|
|
1.
|
FORM OF
OWNERSHIP . Check the
appropriate box (one only) to indicate the form of ownership. If
the subscriber is a Custodian, Corporation, Partnership or Trust,
please provide the additional information requested.
|
|
|
¨
|
Joint Tenants
with Right of Survivorship (Both signatures must appear on page
5).
|
|
|
¨
|
Corporation,
Limited Liability Company or Partnership (Corporate Resolutions,
Operating Agreement or Partnership Agreement must be
enclosed).
|
|
|
|
Trustee’s
Name:
Trust Date:
|
|
|
¨
|
Other: Provide
detailed information in the space immediately below.
|
|
|
2.
|
SUBSCRIBER’S TAXPAYER
INFORMATION . Check the
appropriate box if you are a non-resident alien, a U.S. citizen
residing outside the United States or subject to backup
withholding. Trusts should provide their taxpayer identification
number. Custodians should provide the minor’s Social Security
Number. All individual subscribers should provide their Social
Security Number. Other entities should provide their taxpayer
identification number.
|
|
|
¨
|
Check this box
if you are non-resident alien.
|
|
|
¨
|
Check this box
if you are U.S. citizen residing outside of the United
States.
|
|
|
¨
|
Check this box
if you are subject to back-up withholding.
|
2
<</div>
