UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): July 26, 2007
Minnesota |
| 333-137482 |
| 20-4798531 |
(State or other jurisdiction of incorporation or organization) |
| (Commission File Number) |
| (I.R.S. Employer Identification No.) |
205 S. Main Street, PO Box 96
Lamberton, MN 56152
(Address of principal executive offices)
(507) 752-6160
(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):
o 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))
Item 1.01 Entry into a Material Definitive Agreement.
Third Amendment to the Design-Build Agreement
On September 28, 2006 we entered into a Lump Sum Design-Build Agreement with Fagen, Inc. for the design and construction of our ethanol production facility (the “Design-Build Agreement”) on our plant site located near the Lamberton, Minnesota. On July 26, 2007 we entered into a Third Amendment to the Design-Build Agreement (“Amendment”). Pursuant to the Amendment, Fagen, Inc. will accept Notice to Proceed on a later date than that set forth in the Second Amendment to the Design-Build Agreement (“Second Amendment”). The Second Amendment stated that the design-builder must receive a valid Notice to Proceed from us by August 15, 2007 or the Design-Build Agreement may be terminated. That date has been extended to October 15, 2007. Except as expressly modified by the Amendment, all of the provisions of the Design-Build Agreement and the First and Second Amendments thereto remain in full force and effect.
Item 9.01 Financial Statements and Exhibits
(a) None.
(b) None.
(c) None.
(d) Exhibit No. Description
99.1 | Third Amendment to Lump Sum Design-Build Agreement between Highwater Ethanol, LLC and Fagen, Inc. |
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.
| HIGHWATER ETHANOL, LLC |
| |||
|
|
|
| ||
|
|
|
| ||
August 15, 2007 |
|
| /s/ Brian Kletscher | ||
Date |
| Brian Kletscher, Chairman, President, Governor |
| ||
2
