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): February 15, 2010
Heron Lake BioEnergy, LLC
(Exact name of Registrant as Specified in its Charter)
Minnesota
(State Or Other Jurisdiction Of Incorporation)
000-51825 | | 41-2002393 |
(Commission File Number) | | (I.R.S. Employer Identification No.) |
| | |
91246 390 th Avenue Heron Lake, MN | | 56137-1375 |
(Address Of Principal Executive Offices) | | (Zip Code) |
(507) 793-0077
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):
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))
Items under Sections 1 through 4 and 6 through 9 are not applicable and therefore omitted.
ITEM 5.02 | DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; |
| ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; |
| COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS . |
Under the Member Control Agreement of Heron Lake BioEnergy, LLC (the “Company”), any member who, together with such member’s affiliates, holds 9% or more of the Company’s units outstanding is entitled to appoint one governor to the board for every 9% of units held. Under this provision, Project Viking, LLC (“Project Viking”) is entitled to appoint two governors. An appointed governor serves indefinitely at the pleasure of the member appointing him or her (so long as such member and its affiliates continue to hold a sufficient number of units to maintain the applicable appointment right) until a successor is appointed, or until the earlier death, resignation or removal of the appointed governor.
On February 15, 2010, Project Viking determined to remove Chad A. Core as its appointee to the Board of Governors of the Company and designate Matthew H. Sederstrom as its appointee. Mr. Sederstrom has not yet been named to any committees of the Board of Governors.
Matthew Sederstrom, age 36, joined Fagen, Inc. in 2001 as a project developer for fuel ethanol facilities.
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, thereunto duly authorized.
| HERON LAKE BIOENERGY, LLC |
| |
| By: | /s/ Robert J. Ferguson |
| | Robert J. Ferguson |
| | Chief Executive Officer |
| | |
| | |
Date: February 19, 2010 | | |
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