Brown, Winick, Graves, Gross,
Baskerville and Schoenebaum, P.L.C.
| ATTORNEYS AT LAW | ||||||||
| 666 GRAND AVENUE, SUITE 2000 DES MOINES, IOWA 50309-2510 TELEPHONE: (515) 242-2400 FACSIMILE: (515) 283-0231 URL: www.ialawyers.com Offices in: West Des Moines, Iowa Pella, Iowa | Richard W. Baskerville Bruce Graves Steven C. Schoenebaum Harold N. Schneebeck Paul D. Hietbrink William C. Brown Richard K. Updegraff Paul E. Carey Douglas E. Gross John D. Hunter James H. Gilliam Robert D. Andeweg Alice Eastman Helle Michael R. Blaser Thomas D. Johnson Christopher R. Sackett Sean P. Moore | Nancy S. Boyd James L. Pray Brenton D. Soderstrum Michael D. Treinen Scott L. Long Ronni F. Begleiter Miranda L. Hughes Kelly D. Hamborg William E. Hanigan Mary A. Ericson Barbara B. Burnett Michael J. Green Michael A. Dee Danielle Dixon Smid Brian P. Rickert Valerie D. Bandstra Ann Holden Kendell | Alexander M. Johnson James S. Niblock Rebecca A. Brommel Mark E. Roth Tina R. Thompson Brian M. Green Dustin D. Smith Catherine C. Cownie Laura N. Martino Amy R. Piepmeier Elizabeth A. Coonan Britney L. Schnathorst Sara L. Keenan Rebecca A. Reisinger | Patents and Trademarks G. Brian Pingel Camille L. Urban Adam W. Jones | ||||
| Walter R. Brown (1921-2000) | ||||||||
WRITER'S DIRECT DIAL NO. (515) 242-2477 WRITER'S DIRECT FAX NO. (515) 323-8577 WRITER'S E-MAIL ADDRESS hughes@ialawyers.com | ||||||||
November 10, 2005
Russell Mancuso
Branch Chief
United States Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549
| RE: | Advanced BioEnergy, LLC Amendment No. 4 to Registration Statement on Form SB-2 Filed November 7, 2005 Registration No. 333-125335 |
Dear Mr. Mancuso:
Advanced BioEnergy, LLC (the "Company") would like to expand its answers to Comment No's 1 and 3 provided in your letter dated November 7, 2005, which provided comments on our Pre-Effective Amendment No. 4 to Registration Statement on Form SB-2 as filed on November 7, 2005.
As further response to Comment No. 1, the cash balance of the Company as provided on the Financial Statements (Unaudited) as of June 30, 2005 was $1,184,564. The Company reports that the balance of its checking account at Timberwood Bank on September 30, 2005, was $852,581 (Unaudited). The Company's average monthly expenditures on organizational and developmental expenses during the last quarter of the fiscal year were approximately $110,000. Our client does not anticipate this rate of expenditure to change in the near future.
As further to response to Comment No. 3, the Company entered into an agreement for engineering services with Fagen Engineering, LLC dated September 8, 2005, previously filed as Exhibit 10.14. It was determined that this agreement failed to accurately reflect the agreement between the parties as the intention was to obligate Fagen Engineering, LLC to provide engineering services for a fixed price. Instead, the agreement contained provisions consistent with an arrangement whereby the Company would be charged on an hourly basis in accordance with a fee schedule. As such, the prior agreement was terminated by mutual agreement of the parties and a new agreement dated November 4, 2005, was executed. The new agreement has now been filed as Exhibit 10.14 and supersedes the previous agreement in its entirety.
If you have any questions or comments, please do not hesitate to contact me at (515) 242-2477.
Sincerely, | ||
/s/ MIRANDA L. HUGHES | ||
Miranda L. Hughes |
MLH:hs
