UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
AMENDMENT NO. 4
to
FORM 10
GENERAL FORM FOR REGISTRATION OF SECURITIES
Pursuant to Section 12(b) or (g) of the Securities Exchange Act of 1934
HERON LAKE BIOENERGY, LLC
(Exact name of registrant as specified in its charter)
Minnesota | | 41-2002393 |
(State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification No.) |
| | |
91246 390th Avenue | | |
Heron Lake, Minnesota | | 56137-3175 |
(Address of principal executive offices) | | (Zip Code) |
| With copy to: |
| |
| April Hamlin, Esq. |
| Michael L. Weaver, Esq. |
| Lindquist & Vennum P.L.L.P. |
| 4200 IDS Center |
| 80 South Eighth Street |
| Minneapolis, Minnesota 55402 |
| Telephone: (612) 371-3211 |
| Facsimile: (612) 371-3207 |
Registrant’s telephone number, including area code: | (507) 793-0077 |
| |
Securities to be registered pursuant to Section 12(b) of the Act: | None |
| |
Securities to be registered pursuant to Section 12(g) of the Act: | Class A Units |
| (Title of Class) |
Indicate by checkmark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company:
Large Accelerated Filer | o | Accelerated Filer | o |
| | | |
Non-Accelerated Filer | o | Smaller Reporting Company | x |
EXPLANATORY NOTE: Heron Lake BioEnergy, LLC is filing this Amendment No. 4 to its Registration Statement on Form 10 (File No. 000-51825) for the purpose of filing Exhibit 10.12 to the Registration Statement. This Amendment No. 4 does not modify any provision of Item 1 through Items 14, inclusive, and only modifies Item 15 to the extent of Exhibit 10.12.
Item 15. Financial Statements and Exhibits
Exhibits to this Amendment No. 4 to Registration Statement on Form 10:
Exhibit Number | | Exhibit Title |
10.12 | | Standard Form of Agreement between Owner and Designer — Lump Sum dated September 28, 2005 by and between Fagen, Inc. and Heron Lake BioEnergy, LLC† |
| | |
† | | Certain portions of this exhibit have been redacted and filed on a confidential basis with the Commission pursuant to a request for confidential treatment under Rule 24b-2 of under the Exchange Act. Spaces corresponding to the deleted portions are represented by brackets with asterisks [ * * * ]. |
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SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the registrant has duly caused this Amendment No. 4 to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized.
Dated: August 19, 2010 | HERON LAKE BIOENERGY, LLC |
| |
| |
| By: | /s/ Robert J. Ferguson |
| Robert J. Ferguson President and Chief Executive Officer |
Pursuant to the requirements of the Securities Act of 1933, as amended, this Amendment No. 4 to the registration statement has been signed below by the following persons in the capacities indicated on August 19, 2010.
/s/ Robert J. Ferguson | | Chief Executive Officer and President (principal |
Robert J. Ferguson | | executive officer), Governor |
| | |
/s/ Brett L. Frevert | | Interim Chief Financial Officer (principal financial and |
Brett L. Frevert | | accounting officer) |
| | |
* | | Governor |
Doug Schmitz | | |
| | |
* | | Governor |
Michael S. Kunerth | | |
| | |
* | | Governor |
David J. Woestehoff | | |
| | |
* | | Governor |
David J. Bach | | |
| | |
* | | Governor |
Timothy O. Helgemoe | | |
| | |
* | | Governor |
Milton J. McKeown | | |
| | |
* | | Governor |
David M. Reinhart | | |
| | |
* | | Governor |
Robert J. Wolf | | |
*By: | /s/ Robert J. Ferguson | |
| Robert J. Ferguson | |
| Attorney-In-Fact | |
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