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): December 9,
2020
Teucrium Commodity Trust
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(Exact
name of registrant as specified in its charter)
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Delaware
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001-34765
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61-1604335
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(State
or other jurisdiction of incorporation)
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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Three Main Street, Suite 215
Burlington, VT 05401
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(Address
of principal executive offices) (Zip Code)
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Registrant’s
telephone number, including area code: (802) 540-0019
N/A
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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 (see General Instruction A.2.
below):
☐
Written communication 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))
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Item
8.01.
Other
Events.
On
November 24, 2020, Teucrium Trading, LLC (the
“Sponsor”), the sponsor to Teucrium Commodity Trust
(the “Trust”), was notified by Dale Riker, the
Sponsor’s former Chief Executive Officer, of his intent to
file several claims individually and derivatively on behalf of the
Sponsor.
On
November 30, 2020, the Sponsor and certain of its officers and
members filed suit in the Court of Chancery of the State of
Delaware, in which, among other things, they bring several claims
including a request that the Delaware Court enforce its
pre-existing judgement. The case is captioned Gilbertie v. Riker, C.A. No.
2020-1018-AGB (Del. Ch.).
On
December 7, 2020, Dale Riker, individually and derivatively on
behalf of the Sponsor, filed suit in the Supreme Court for the
State of New York, New York County against the Sponsor, the
Sponsor’s officers and the Sponsor’s Class A Members.
The case is captioned Riker v. Gilbertie, No. 656794-2020 (N.Y.
Sup. Ct.).
The
Sponsor intends to pursue its claims in Delaware and defend
vigorously against Mr. Riker’s claims in New
York.
Cautionary Note Regarding Forward-Looking Statements
This
Current Report on Form 8-K includes forward-looking statements
within the meaning of the Private Securities Litigation Reform Act
of 1995, including statements about the Sponsor’s
expectations regarding its outstanding legal proceedings. All
forward-looking statements reflect the Sponsor’s present
expectations regarding future events and are subject to known and
unknown risks, uncertainties and assumptions that could cause
actual results to differ materially from those expressed in or
implied by these statements, including, among others, risks and
uncertainties related to the timing, progression, outcome and costs
of these legal proceedings, as well as other risks inherent in all
legal proceedings. Given these risks, uncertainties and other
important factors, you should not place undue reliance on any
forward-looking statements the Sponsor makes. The forward-looking
statements in this report represent the Sponsor’s
expectations and assumptions only as of the date made, and except
as required by law, the Sponsor undertakes no obligation to revise
or update any forward-looking statements for any
reason.
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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Teucrium
Commodity Trust
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By:
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Teucrium
Trading, LLC, its sponsor
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Date:
December 9, 2020
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By:
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/s/Sal
Gilbertie
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Name:
Sal Gilbertie
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Title:
Chief Executive Officer
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