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EX-99.1 - EXHIBIT 99.1 - Iowa Renewable Energy, LLC | c15644exv99w1.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): April 15, 2011
IOWA RENEWABLE ENERGY, LLC
(Exact name of registrant as specified in its charter)
Iowa | 000-52428 | 20-3386000 | ||
(State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
1701 East 7th Street, P.O. Box 2, Washington, IA |
52353 |
|
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code: (319) 653-2890
(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)) |
Item 1.01 | Amendment of Material Agreement. |
Iowa Renewable Energy, LLC (the Company) previously entered into a Financial Assistance
Contract with the Iowa Department of Economic Development (IDED) under which IDED agreed to loan
the Company $400,000 (the Master Agreement). This loan was part of IDEDs Value-Added
Agricultural Products and Processes Program. One Hundred Thousand Dollars ($100,000) of the loan
is forgivable and the remaining $300,000 does not bear interest.
Borrowings under this Master Agreement
were and continue to be collateralized by substantially all of the Companys assets, however, are
subordinate to the debt financing agreement we have with MLIC Assets Holdings, LLC (MLIC). The
$100,000 was forgiven in October 2009 due to the Companys compliance with certain employment and
production criteria. As reported in our last annual report on Form 10-K, the balance at September
30, 2010 was $65,000 on the loan.
On April 5, 2011, the Company and IDED executed an amendment to the Master Agreement.
Pursuant to this amendment, IDED has extended the Project Completion Date, the date by which the
Company must create not less than twenty-eight (28) job positions, by twelve (12) months, to March
31, 2012. Because the Job Maintenance Period is defined by reference to the Project Completion
Date, the Company must maintain the twenty-eight (28) job positions through March 31, 2014. The
Companys failure to comply with this requirement would constitute a default under the Master
Agreement. In the event of noncompliance or default, IDED may terminate the Agreement and declare
the principal and any accrued interest, if any, on the promissory notes evidencing the loan
immediately due and payable.
Except for the above-referenced extensions, the terms, provisions and conditions of the
Master Agreement remain unchanged.
Item 7.01 | Regulation FD Disclosure and Item 8.01 Other Information |
On
April 15, 2011, the Company posted a newsletter on its website and sent the newsletter
to its unit holders. The newsletter is attached hereto as Exhibit 99.1 and is incorporated herein
by reference.
This
Report on Form 8-K is being furnished pursuant to Item 1.01 Amendment
of Material Agreement, Item 7.01 Regulation FD Disclosure and
Item 8.01 Other Information. The information furnished is not deemed filed for purposes of
Section 18 of the Securities Exchange Act of 1934 (the Exchange Act), 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, or the Exchange Act, except as shall be expressly set forth
by specific reference in such a filing.
Item 9.01 | Financial Statements and Exhibits |
(a) | None. |
(b) | None. |
(c) | None. |
(d) | Exhibits |
Exhibit No. | Description | |||
99.1 | Newsletter
for Iowa Renewable Energy, LLC sent to unit holders April 15, 2011. |
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.
IOWA RENEWABLE ENERGY, LLC |
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April 15, 2010 | /s/ Michael Bohannan | |||
Date | Michael Bohannan, Chairman | |||