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EX-99.3 - THIRD AMENDED AND RESTATED MORTGAGE - HIGHWATER ETHANOL LLCex993thirdamendedandrestat.htm
EX-99.2 - THIRD AMENDED AND RESTATED TERM REVOLVING NOTE - HIGHWATER ETHANOL LLCex992thirdamendedandrestat.htm
EX-99.1 - FIRST AMENEMET TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT - HIGHWATER ETHANOL LLCex991firstamendmenttosecon.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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 25, 2018

HIGHWATER ETHANOL, LLC
(Exact name of small business issuer as specified in its charter)
 
Minnesota
333-137482
20-4798531
(State or other jurisdiction of incorporation or organization)
(Commission File Number)
(I.R.S. Employer Identification No.)
 
24500 US Highway 14, Lamberton, MN
56152
(Address of principal executive offices)
(Zip Code)
 
(507) 752-6160
(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):

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))

Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

o

Emerging Growth Company
o

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.





Item 1.01 Entry Into a Material Definitive Agreement

On April 25, 2018 (to be effective April 20, 2018), Highwater Ethanol, LLC (the "Company") executed a First Amendment to Second Amended and Restated Credit Agreement (the "First Amendment") with Compeer Financial, PCA as successor in interest to AgStar Financial Services, PCA and as administrative agent ("Compeer"), which amends the Second and Amended and Restated Credit Agreement originally dated January 22, 2016. In connection therewith, as of the same date, the Company executed a Third Amended and Restated Term Revolving Note and a Third Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Fixture Financing Statement. The First Amendment increases the commitment under the Term Revolving Loan to $20,000,000.

Item 9.01 Financial Statements and Exhibits

(a)
None.

(b)
None.

(c)
None.

(d)
Exhibits

Exhibit No.            Description


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.

 
HIGHWATER ETHANOL, LLC
 
 
Date: April 27, 2018
/s/ Brian Kletscher
 
Brian Kletscher, Chief Executive Officer