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): April 8, 2013
Heron Lake BioEnergy, LLC
(Exact name of Registrant as Specified in its Charter)
Minnesota |
(State Or Other Jurisdiction Of Incorporation) |
000-51825 |
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41-2002393 |
(Commission File |
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(I.R.S. Employer |
91246 390th Avenue |
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56137-1375 |
(Address Of Principal Executive Offices) |
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(Zip Code) |
(507) 793-0077 |
Registrants Telephone Number, Including Area Code |
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):
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))
Items under Sections 1 through 4 and 6 through 9 are not applicable and therefore omitted.
ITEM 5.02 DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS.
Under the current Member Control Agreement of Heron Lake BioEnergy, LLC (the Company), any member who, together with such members affiliates, holds 9% or more of the Companys units outstanding is entitled to appoint one governor to the Board for every 9% of units held, up to the right to appoint a maximum of four governors by any member who, together with such members affiliates, holds 36% or more of the Companys units outstanding but less than a majority of the Companys units outstanding. Under this provision, Project Viking, LLC (Project Viking) has the right to appoint four governors to the Companys Board of Governors. An appointed governor serves indefinitely at the pleasure of the member appointing him or her, so long as such member and its affiliates continue to hold a sufficient number of units to maintain the applicable appointment right, until a successor is appointed, or until the earlier death, resignation or removal of the appointed governor.
On April 8, 2013, the Company received notice from Nick Bowdish, a Project Viking appointee, that Mr. Bowdish was resigning from the Companys Board of Governors effective immediately. Mr. Bowdishs resignation was unrelated to any disagreement regarding the Companys operations, policies or practices. Project Viking has not yet designated a successor appointee to the Board of Governors.
SIGNATURE
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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HERON LAKE BIOENERGY, LLC | |
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By: |
/s/ Robert J. Ferguson |
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Robert J. Ferguson |
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Chief Executive Officer |
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Date: April 15, 2013 |
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