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): October 28, 2019
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HERON LAKE BIOENERGY, LLC | |||
(Exact name of small business issuer as specified in its charter) | |||
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Minnesota | 000-51825 | 41-2002393 | |
(State or other jurisdiction of incorporation or organization) | (Commission File Number) | (I.R.S. Employer Identification No.) | |
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91246 390th Avenue, Heron Lake, MN | 56137-1375 | ||
(Address of principal executive offices) | (Zip Code) | ||
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(507) 793-0077 | |||
(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):
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☐ | Written communications 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)) |
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
On October 28, 2019, Heron Lake BioEnergy, LLC (the “Company”) finalized Amendment No. 2 (the “Amendment”) to its Ethanol Marketing Agreement (the “Marketing Agreement”) with Eco-Energy LLC (“Eco-Energy”). The Amendment provides for an extension of the term of the Marketing Agreement through December 31, 2020, with automatic renewals for additional consecutive terms of one year unless either party provides written notice to the other party at least ninety days prior to the end of the term or the renewal term. Under the Marketing Agreement, as amended by the Amendment, Eco-Energy will continue to purchase the entire ethanol output of the Company’s Heron Lake, Minnesota, ethanol production plant. The Amendment also provides for certain negotiated changes to the marketing fees payable to Eco-Energy and payment terms under the Marketing Agreement, effective as of October 1, 2019.
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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| HERON LAKE BIOENERGY, LLC |
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Date: October 28, 2019 | /s/ Stacie Schuler |
| Stacie Schuler, Chief Financial Officer |