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 7, 2014
ADVANCED BIOENERGY, LLC
(Exact name of Registrant as Specified in Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
| 000-52421 | 20-2281511 | |
| (Commission File Number) | (I.R.S. Employer Identification No.) | |
| 8000 Norman Center Drive Suite 610 Bloomington, MN |
55437 | |
| (Address of Principal Executive Offices) | (Zip Code) | |
763-226-2701
Registrant’s 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):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
Effective June 7, 2014, Advanced BioEnergy, LLC (the “Company”) and its President and Chief Executive Officer Richard R. Peterson entered into Amendment No. 2 (“Amendment No 2”) to Peterson’s Second Amended and Restated Employment Agreement dated May 11, 2011 (“Employment Agreement”).
On January 18, 2013, the Company and Peterson entered into Amendment No. 1 to the Employment Agreement (“Amendment No. 1”). The Company reported on this event in a Form 8-K dated January 18, 2013.
Under Amendment No. 2, the Company and Peterson agreed that Peterson’s term as President and Chief Executive Officer will continue beyond June 7, 2014 on an “at will” basis and that the Company will pay Peterson the Severance Payment described in Amendment No. 1. The other provisions of Peterson’s Employment Agreement remain in effect.
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.
| ADVANCED BIOENERGY, LLC | ||
| By: | /s/ Richard R. Peterson | |
| Richard R. Peterson | ||
| President, Chief Executive Officer and Chief Financial Officer | ||
Date: June 12, 2014