Attached files
| file | filename |
|---|---|
| EX-10.1 - Green Brick Partners, Inc. | v187323_ex10-1.htm |
| EX-99.1 - Green Brick Partners, Inc. | v187323_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): June 2, 2010
BioFuel
Energy Corp.
(Exact
Name of Registrant as Specified in its Charter)
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Delaware
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001-33530
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20-5952523
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(State
or Other Jurisdiction
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(Commission
File Number)
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(IRS
Employer
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of
Incorporation)
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Identification
Number)
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1600
Broadway, Suite 2200
Denver,
CO 80202
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(Address
of Principal Executive Offices) (Zip
Code)
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Registrant’s
telephone number, including area code: (303) 640-6500
(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 (see General Instruction A.2. below):
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¨
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Written communications pursuant
to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting material pursuant to
Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement communications
pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement communications
pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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2
Item
1.01. Entry into a Material Definitive
Agreement
Please
see the disclosure provided in Item 5.02 below, which is incorporated herein by
reference.
Item
5.02 Departure of Directors or
Certain Officers; Election of Directors; Appointment of Certain Officers;
Compensatory Arrangement of Certain Officers
(b)
Daniel J. Simon, the Company’s Executive Vice President and Chief Operating
Officer, has resigned his position with the Company effective June 30, 2010 to pursue other business
opportunities. The Company thanks Mr. Simon for his dedicated
service. The Company and Mr. Simon have entered into a severance agreement, to
become effective upon the lapse of a seven-day revocation period, in order to
facilitate an orderly transition of his duties, which agreement is attached to
this Form 8-K as Exhibit 10.1.
(e) Pursuant
to the terms of the severance agreement with Mr. Simon, the Company has agreed
to pay Mr. Simon his annual salary of $270,000 over the twelve-month period
beginning July 1, 2010 and, upon successful completion of the transition of his
duties on or before June 30, 2010, a bonus of $50,000. In
addition, the Company will reimburse Mr. Simon for COBRA premiums for the twelve
months beginning July, 2010. The severance agreement also contains a
release of the Company by Mr. Simon from any employment-related causes of
action, includes a covenant on the part of Mr. Simon to not compete with the
Company in the U.S. corn-based ethanol industry for a period of one year and
provides for mutual non-disparagement. Finally, the Company has
agreed to continue to indemnify Mr. Simon as though he continued his employment
with the Company. The above description does not purport to be
complete and is qualified in its entirety by reference to the severance
agreement attached hereto as Exhibit 10.1, which is incorporated herein by
reference.
Item
8.01. Other Events
On June
3, 2010, the Company issued a Press Release announcing the planned departure of
Mr. Simon, which is attached hereto as Exhibit 99.1 and incorporated by
reference herein.
Item
9.01. Financial Statements and
Exhibits
(d)
Exhibits
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Exhibit
No.
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Description
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10.1
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Executive
Severance, Release and Waiver Agreement between BioFuel Energy Corp. and
Daniel J. Simon.
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99.1
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Press
Release dated June 3,
2010.
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3
SIGNATURES
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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BIOFUEL
ENERGY CORP.
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Date:
June 3, 2010
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By:
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/s/
Kelly Maguire
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Name:
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Kelly
G. Maguire
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Title:
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Vice
President, Finance and Chief Financial
Officer
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4
Exhibit
Index
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Exhibit
No.
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Description
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10.1
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Executive
Severance, Release and Waiver Agreement between BioFuel Energy Corp. and
Daniel J. Simon.
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99.1
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Press
Release dated June 3, 2010.
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