Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the
information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this
exhibit has been filed separately with the Securities and Exchange Commission.
AGREEMENT AND OMNIBUS AMENDMENT
This Agreement and Omnibus Amendment (this “ Omnibus Agreement ”) is made as of July 30, 2009,
among Buffalo Lake Energy, LLC (“ BLE ”), Cargill, Incorporated (“ CI ”) and Cargill Commodity
Services, Inc. (“ CS ” and, together with CI, “ Cargill ”).
WHEREAS, BLE and Cargill are parties to the Master Agreement, dated September 25, 2006 (the “
Master Agreement ”);
WHEREAS, BLE and CI are parties to (i) the Ethanol Marketing Agreement, dated as of September 25,
2006 (the “ Ethanol Marketing Agreement ”), (ii) the Corn Supply Agreement, dated September 25, 2006 (the “
Corn Supply Agreement ”), (iii) the Distillers Grains Marketing Agreement, dated as of September 25, 2006 (the
“ DG Agreement ”), and (v) the Grain Facility Lease, dated September 25, 2006 (the “ BLE Lease ”);
WHEREAS, BLE and CS are parties to the Cargill Direct Futures Advisory Agreement, dated as of
September 25, 2006 (the “ Futures Agreement ” and, together with the Master Agreement, the Ethanol
Marketing Agreement, the Corn Supply Agreement and the DG Agreement the “ Goods and Services
Agreements ”; and the Goods and Services Agreements together with the BLE Lease, the “ BLE-Cargill
Agreements” and each, a “ BLE-Cargill Agreement ”); and
WHEREAS, the Parties wish to set forth their agreement with respect to certain concessions to be made
by CI and/or CS under the BLE-Cargill Agreements and to amend certain provisions of certain of the BLE-
Cargill Agreements, in each case as more particularly set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated herein and for other