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): January 26, 2010
WESTERN IOWA ENERGY, LLC
(Exact name of registrant as specified in its charter)
| Iowa | 000-51965 | 41-2143913 | ||
| (State or other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| 1220 S. Center Street P.O. Box 399 Wall Lake, Iowa | 51466 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code:(712) 664-2173
| (Former name or former address if changed since last report.) |
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:
þ 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))
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Item 7.01 Regulation FD Disclosure and Item 8.01 Other Events
On January 26, 2010, Western Iowa Energy, LLC (the “Company”) mailed a letter to its unitholders regarding an informational meeting that will be held on February 4, 2010 to discuss the Company’s proposed consolidation with Renewable Energy Group, Inc. (“REG”) under, REG Newco, Inc. (“REG Newco”) pursuant to the terms and conditions of the Second Amended and Restated Asset Purchase Agreement by and between the Company, REG, REG Newco, and REG Wall Lake, LLC, executed on November 20, 2009 and dated effective as of May 11, 2009. A copy of this letter is furnished as Exhibit 99.1 to this report and is incorporated herein by reference.
This Report on Form 8-K is being furnished pursuant to Item 7.01 Regulation FD Disclosure. The information furnished is not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, is not subject to the liabilities of that section and is not deemed incorporated by reference in any filing under the Securities Act of 1933, as amended.
Item 9.01 Financial Statements and Exhibits
| (a) | None. | |
| (b) | None. | |
| (c) | None. | |
| (d) | Exhibits. |
| Exhibit No. | Description | |
| 99.1 | Letter to Unit Holders of Western Iowa Energy, LLC dated January 26, 2010. |
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.
| WESTERN IOWA ENERGY, LLC | ||
| January 26, 2010 | /s/ John Geake | |
| Date | John Geake, Vice Chairman | |
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