CORN AND NATURAL GAS PRICE RISK MANAGEMENT AGREEMENTOther Agreements |
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Exhibit 10.23
CORN AND NATURAL GAS PRICE RISK MANAGEMENT AGREEMENT
THIS CORN and NATURAL
GAS PRICE RISK MANAGEMENT AGREEMENT is
made and entered into as of the 1st day of January, 2007, by and
between Broin Management, LLC, a Minnesota limited liability company
(“Manager”) and Great Plains Ethanol, LLC an South Dakota limited
liability company (“Company”).
WHEREAS, Company owns an ethanol production plant near Chancellor,
South Dakota (the “Plant”); and
WHEREAS, Manager is in the business of management and operation
of ethanol production facilities, including the Plant; and
WHEREAS, Company and Manager have engaged the services of
Manager to manage the Plant pursuant to the Management Agreement dated January
15, 2001 (the “Management Agreement”); and
WHEREAS, Company desires to engage the services of Manager to
provide corn and natural gas price risk management services not addressed by
the Management Agreement between Manager and Company, and Manager desires to
provide such additional services on the terms and conditions hereinafter
described.
NOW, THEREFORE, in consideration of mutual covenants contained
herein, the parties agree as follows:
Rights and Obligations of Manager
General Rights and
Obligations. Manager shall have the
responsibility and authority to take all action necessary or appropriate to
engage in hedging and price risk management relating to corn and natural gas
requirements including, without limitation, the power and authority to:
(a)
Trade future, options, cash corn contracts,
natural gas futures and other contracts with the intention of controlling grain
and natural gas costs, reducing market exposure, and protecting and/or
enhancing plant operating margins in corn, natural gas and other commodities
for any and all ethanol plants managed by Manager including Company’s
Plant;
(b)
Devise and implement strategies for carry
protection and basis protection;
(c)
Recommend strategies for flat price
protection to Company’s governing board and enact all flat price
strategies approved by the governing board;
(d)
Recommend strategies to the
Company’s commodity manager for dialing and forward pricing, price
strategies and related hedging;
(e)
From time to time enter into trades to
reduce market exposure and market risk in other co-products or commodities
relative to plant usage or production;
(f)
Hire such employees and independent
contractors as Manager shall determine to be reasonably necessary to the
foregoing; and
(g)
Carry on any other activities necessary
to, in connection with, or incidental to the foregoing.
Storage/Forward
Contract Hedging. Manager will
recommend storage and forward contract hedging strategies to Company’s
commodity manager. At no time will these strategies result in the flat pricing
of more than 25% of one year’s projected corn usage without the approval
of Company’s governing board. Company will establish a futures trading
account with Manager’s assistance for the purpose of flat
price/storage/forward contract hedging.
Flat Price Hedging. Manager will recommend fiat price strategies to
Company’s governing board for flat price hedging in excess of 25% of one
year’s projected corn usage as it deems necessary. Company’s
governing board will review these strategies and direct Manager to implement
any strategies that are approved. Manager will promptly enact any flat
price hedging strategies directed by Company.
Independent Contractor
Status. Manager in the performance of
its duties under this Agreement shall occupy the position of an independent
contractor with respect to Company. Nothing contained herein shall be construed
as making the parties hereto partners or joint ventures, nor, except as
expressly provided herein, construed make Manager an employee of Company.
Reports Issued by Manager
The following reports will be issued to Company by Manager:
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Daily
Reports (To Commodity Manager: |
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Market Update—Bid Sheet |
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Market Summary and Commentary |
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Weekly
Reports (To General Manager) |
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Pool Position and Profitability |
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DDGS Market Roundup |
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Natural Gas Market Roundup |
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Quarterly
Reports (To the Board of
Directors): |
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Quarterly Market and Trading Update |
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Quarterly DDGS Update |
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Quarterly Natural Gas Update |
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