Attached files
| file | filename |
|---|---|
| EX-99.2 - Otter Tail Ag Enterprises, LLC | v168066_ex99-2.htm |
| EX-99.1 - Otter Tail Ag Enterprises, LLC | v168066_ex99-1.htm |
UNITED
STATES
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C.
20549
FORM
8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of
report (Date of earliest event reported): December 3, 2009
OTTER TAIL AG ENTERPRISES,
LLC
(Exact
Name of Registrant as Specified in Its Charter)
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Minnesota
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41-2171784
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000-53042
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(State
or Other Jurisdiction of
Incorporation)
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(Commission
File Number)
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(I.R.S.
Employer Identification
Number)
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24096 -
170th Avenue
Fergus
Falls, MN 56537-7518
(Address
of Principal Executive Offices)(Zip Code)
(218)
998-4301
(Registrant’s
Telephone Number, Including Area Code)
Not
Applicable
(Former
Name or Former Address, if Changed Since Last Report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
o Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
7.01 Regulation FD Disclosure
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Item
9.01 Financial Statements and Exhibits
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SIGNATURES
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Item 7.01 Regulation FD
Disclosure
On
December 3, 2009, Otter Tail Ag Enterprises, LLC (the “Company”) mailed two
letters to members of the Company, one containing an estimate of K-1 information
to be used for member tax planning purposes, and the other updating members of
the status of the Company’s Chapter 11 bankruptcy filing. The K-1
informational letter is attached hereto as Exhibit 99.1 and incorporated herein
by reference, and the Chapter 11 update letter is attached hereto as Exhibit
99.2 and incorporated herein by reference.
This
current report on Form 8-K is being furnished
pursuant to Item 7.01 Regulation FD Disclosure. The information furnished
is not deemed “filed” for purposes of Section 18 of the Securities Exchange Act
of 1934, as amended, is not subject to the liabilities of that section and is
not deemed incorporated by reference in any filing under the Securities Act of
1933, as amended.
Item 9.01
Financial Statements and Exhibits
(a)
None.
(b)
None.
(c)
None.
(d)
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Exhibit No.
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Description
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99.1
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Letter
to Members Regarding K-1 Information dated December 3,
2009.
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99.2
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Letter
to Members Regarding Chapter 11 Update dated December 3,
2009.
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Forward-Looking
Statements:
This Form
8-K and the attached exhibit contains forward-looking statements that are
subject to various assumptions, risks and uncertainties. It should be read in
conjunction with the “Forward-Looking Statements” sections in the Company’s
annual report on Form 10-K for the fiscal year ended September 30, 2008, as
amended, and its quarterly reports on Form 10-Q, and in conjunction with other
SEC reports filed by the Company that discuss important factors that could cause
actual results to differ materially. The Company expressly disclaims
any current intention to update any forward-looking statements contained in this
report as a result of new information or future events or
developments.
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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Otter
Tail Ag Enterprises, LLC
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Date:
December 3, 2009
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By
/s/ Anthony Hicks
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Name:
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Anthony
Hicks
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Title:
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Chief
Executive Officer and Chief Financial Officer
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