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): March 9, 2017
| | | | |
ADVANCED BIOENERGY, LLC |
(Exact name of Registrant as Specified in Charter) |
| Delaware | |
(State or Other Jurisdiction of Incorporation) |
000-52421 | | 20-2281511 |
(Commission File Number) | | (I.R.S. Employer Identification No.) |
| | |
8000 Norman Center Drive
Suite 610
Bloomington, MN | | 55437 | |
(Address of Principal Executive Offices) | | (Zip Code) |
| 763-226-2701 | |
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):
☐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))
Item 5.07 Submission of Matters to a Vote of Security Holders.
On March 9, 2017, the Company held its Regular Meeting of Members (the “Regular Meeting”). Of the Company’s 25,410,851 membership units outstanding and entitled to vote at the Regular Meeting, 16,122,184 membership units or 63.4% were present either in person or by proxy.
The following describes the matters considered by the Company’s members at the Regular Meeting, as well as the final results of the votes cast at the meeting.
1. | To set at seven the number of directors to be elected for a term of one year or until their successors are elected and qualified. |
| | |
For | Against | Abstain |
15,384,114 | 129,712 | 244,265 |
2. | To elect seven directors to serve for a period of one year or until their successors are elected and qualified. |
| | |
Nominee | For | Withhold |
Scott A. Brittenham | 15,427,875 | 608,597 |
Daniel R. Kueter | 15,741,180 | 295,292 |
Charles M. Miller | 15,722,816 | 313,656 |
Joshua M. Nelson | 15,757,180 | 279,292 |
Troy L. Otte | 15,772,181 | 264,291 |
Richard R. Peterson | 15,721,962 | 314,510 |
JD Schlieman | 15,757,180 | 279,292 |
| | |
3. | To ratify the appointment of RSM US LLP as the Company’s independent registered public accounting firm for the fiscal year ending September 30, 2017. |
| | |
For | Against | Abstain |
15,601,917 | 177,996 | 234,047 |
4. | To cast a non-binding advisory vote approving executive compensation. |
| | |
For | Against | Abstain |
15,137,972 | 426,284 | 415,873 |
| To cast a non-binding advisory vote on the frequency of the non-binding advisory votes on executive compensation. |
| | |
One Year | Two Years | Three Years |
14,857,135 | 343,986 | 569,752 |
As a result, each nominee listed in Proposal 2 was elected as a director of the Company, One Year was approved as the frequency of the advisory vote on executive compensation in Proposal 5, and Proposals 1, 3 and 4 were approved.
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 hereunto duly authorized.
ADVANCED BIOENERGY, LLC
By: /s/ Richard R. Peterson
Richard R. Peterson
President, Chief Executive Officer and
Chief Financial Officer
Date: March 13, 2017
