Attached files
| file | filename |
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| EX-99.2 - EXHIBIT 99.2 - Lincolnway Energy, LLC | ex99_2.htm |
| EX-99.1 - EXHIBIT 99.1 - Lincolnway Energy, LLC | ex99_1.htm |
| EX-10.1 - EXHIBIT 10.1 - Lincolnway Energy, LLC | ex10_1.htm |
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
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Date of report (Date of earliest event reported)
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December 16, 2019 (December 13, 2019)
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LINCOLNWAY ENERGY, LLC
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(Exact Name of Registrant as Specified in Its Charter)
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IOWA
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000-51764
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20-1118105
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(State or Other Jurisdiction of Incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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59511 W. Lincoln Highway, Nevada, Iowa
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50201
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(Address of Principal Executive Offices)
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(Zip Code)
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(515) 232-1010
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(Registrant’s Telephone Number, Including Area Code)
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(Former Name or Former Address, if Changed Since Last Report)
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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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Indicate by check mark whether the registrant is an emerging growth company 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).
Emerging growth company ☐
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.
Effective December 13, 2019, the Company entered into an amendment (the “Amendment”) to its Employment Agreement (the “Employment Agreement”) with Mike Hollenberg dated December 13, 2019. The Amendment modifies the Employment Agreement to address a potential change in control of the Company in the future.
The foregoing description of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment
which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by reference.
Item 7.01. Regulation FD Disclosure
On December 13, 2019, Lincolnway Energy, LLC (the “Company”) distributed a letter to its members announcing the postponement of the special meeting scheduled for Wednesday, December 18,
2019. Instead an information only meeting (“Informational Meeting”) will be held at 6:30 p.m. at the Radisson Hotel, Ames. A copy of the letter is attached hereto at Exhibit 99.1 and is incorporated herein by reference into this Item 7.01. A
copy of the presentation to be used in connection with the Informational Meeting is attached hereto as Exhibit 99.2 and is incorporated by reference into this Item 7.01.
The foregoing information (including the exhibits hereto) is being furnished under “Item 7.01- Regulation FD Disclosure.” Such information (including the exhibits hereto) shall not be deemed
“filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific
reference in such filing.
The filing of this report and the furnishing of this information pursuant to Item 7.01 does not mean that such information is material or that disclosure of such information is required.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits
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Exhibit
Number
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Description
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| 10.1 |
Amendment to Employment Agreement between Lincolnway Energy, LLC and Mike Hollenberg
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Letter to Members of Lincolnway Energy, LLC distributed on December 13, 2019
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Member Meeting Presentation dated December 18, 2019
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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.
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LINCOLNWAY ENERGY, LLC
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Date: December 16, 2019
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By:
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/s/ Jeff Kistner
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Jeff Kistner
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Interim Chief Financial Officer
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