Attached files
| file | filename |
|---|---|
| EX-10.27 - EXHIBIT 10.27 - Lincolnway Energy, LLC | exhibit1027.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K/A
(Mark One)
þ | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the fiscal year ended September 30, 2013
OR
¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from __________ to ______________
Commission File Number: 000-51764
LINCOLNWAY ENERGY, LLC
(Exact name of registrant as specified in its charter)
Iowa | 20-1118105 | |
(State or other jurisdiction of | (IRS Employer | |
incorporation or organization) | Identification No.) | |
59511 W. Lincoln Highway, Nevada, Iowa | 50201 | |
(Address of principal executive offices) | (Zip Code) | |
Registrant's telephone number, including area code: (515) 232-1010
Securities registered pursuant to Section 12(b) of the Act: None
Securities registered pursuant to Section 12(g) of the Act: Limited Liability Company Units
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ¨ No þ
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ¨ No þ
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes þ No ¨
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Website, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes þ No ¨
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. ¨
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of "large accelerated filer," "accelerated filer" and "smaller reporting company" in Rule 12b-2 of the Exchange Act:
Large accelerated filer | ¨ | Accelerated filer | ¨ |
Non-accelerated filer | þ | Smaller reporting company | ¨ |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨ No þ
The aggregate market value of the units held by non-affiliates of the registrant was $37,492,143 as of March 31, 2013. The units are not listed on an exchange or otherwise publicly traded. The value of the units for this purpose has been based upon the $949 book value per-unit as of March 31, 2013. In determining this value, the registrant has assumed that all of its directors and its president and its chief financial officer are affiliates, but this assumption shall not apply to or be conclusive for any other purpose.
The number of units outstanding as of November 30, 2013 was 42,049.
DOCUMENTS INCORPORATED BY REFERENCE: Portions of the registrant's definitive proxy statement to be filed with the Securities and Exchange Commission with respect to the 2014 annual meeting of the members of the registrant are incorporated by reference into Item 11 of Part III of this Form 10-K.
This Form 10-K/A is being filed solely for the purpose of refiling Exhibit 10.27, the Distiller's Grain Off-Take Agreement between Lincolnway Energy and Gavilon Ingredients, LLC. The Agreement is subject to a confidential treatment request, but Lincolnway Energy has withdrawn a portion of that confidential treatment request and is therefore refiling the Agreement in the form that comports to the confidential treatment request as so amended.
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
LINCOLNWAY ENERGY, LLC | ||
Date: April 23, 2014 | By: | /s/ Eric Hakmiller |
Eric Hakmiller, President and Chief Executive Officer | ||
Date: April 23, 2014 | By: | /s/ Neal Greenberg |
Neal Greenberg, Interim Chief Financial Officer | ||
Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated:
Date: April 23, 2014 | /s/ William Couser |
William Couser, Director | |
Date: April 23, 2014 | /s/ Jeff Taylor |
Jeff Taylor, Director | |
Date: April 23, 2014 | /s/ Timothy Fevold |
Timothy Fevold, Director | |
Date: April 23, 2014 | /s/ Terrill Wycoff |
Terrill Wycoff, Director | |
Date: April 23, 2014 | /s/ Kurt Olson |
Kurt Olson, Director | |
Date: April 23, 2014 | /s/ James Hill |
James Hill, Director | |
Date: April 23, 2014 | /s/ Brian Conrad |
Brian Conrad, Director | |
Date: April 23, 2014 | /s/ Richard Johnson |
Richard Johnson, Director | |
Date: April 23, 2014 | /s/ Rick Vaughan |
Rick Vaughan, Director | |
Date: April 23, 2014 | /s/ Gregory Geoffroy |
Gregory Geoffroy, Director | |
Date: April 23, 2014 | /s/ Eric Hakmiller |
Eric Hakmiller, President and Chief Executive Officer | |
Date: April 23, 2014 | /s/ Neal Greenberg |
Neal Greenberg, Interim Chief Financial Officer | |