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EX-99.1 - EX-99.1 - Heron Lake BioEnergy, LLCc964-20171229ex9910b9bac.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

FORM 8-K/A

(Amendment No. 1)

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): December  20, 2017

 

 

 

 

HERON LAKE BIOENERGY, LLC

(Exact name of small business issuer as specified in its charter)

 

Minnesota

000-51825

41-2002393

(State or other jurisdiction of incorporation or organization)

(Commission File Number)

(I.R.S. Employer Identification No.)

 

91246 390th Avenue, Heron Lake, MN

56137-1375

(Address of principal executive offices)

(Zip Code)

 

(507) 793-0077

(Issuer's telephone number)

 

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))

 

 


 

EXPLANATORY NOTE

 

This Amendment No. 1 to the Current Report on Form 8-K amends Items 2.02 and 7.01 of the Current Report on Form 8-K filed on December 26, 2017 (the “Original Form 8-K”) solely to correct an error in the investor letter furnished as Exhibit 99.1 thereto (the “Exhibit”). As previously furnished, the Exhibit reflected incorrect taxable income data, which has been corrected on Exhibit 99.1 to this Amendment No. 1. No other changes have been made to the Original Form 8-K.

 

ITEM 2.02 - RESULTS OF OPERATIONS AND FINANCIAL CONDITION AND

ITEM 7.01 - REGULATION FD DISCLOSURE

 

On or about December 20, 2017, Heron Lake Bioenergy, LLC (the “Company”) sent a letter to its members announcing its estimate of tax liability of members for its tax year ended December 31, 2017. A copy of this letter is furnished as Exhibit 99.1 to this report.

 

The information in Items 2.02 and 7.01 of this Current Report, including Exhibit 99.1, is being furnished and shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. The information in this Current Report shall not be incorporated by reference into any registration statement or other document filed pursuant to the Securities Act of 1933, as amended, regardless of any general incorporation language contained in such filing.

 

ITEM 8.01 OTHER EVENTS

 

On December 22, 2016, the Board of Governors of the Company declared a cash distribution of $0.11 per membership unit to the holders of record of the Company's units at the close of business on December 22, 2017, for a total distribution of $6,922,531.77. The Company expects to pay the distribution by the end of January 2018, subject to approval from the Company's lender.

 

ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

 

(a)

None.

 

(b)

None.

 

(c)

None.

 

(d)

Exhibits

 

Exhibit No.Description

 

99.1Letter to the Members of the Company Dated December 20, 2017.

 

 

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.

 

 

 

 

HERON LAKE BIOENERGY, LLC

 

 

Date: December 29, 2017

/s/ Stacie Schuler

 

Stacie Schuler, Chief Financial Officer