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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 5, 2002
Husker Ag Processing, LLC
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(Exact name of Registrant as specified in its charter)
Nebraska 333-60580 47-0836953
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(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File Number) Identification No.)
510 Locust Street
P.O. Box 10
Plainview, Nebraska 68769
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (402) 582-4446
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Item 1. Changes in Control of Registrant.
Not Applicable.
Item 2. Acquisition or Disposition of Assets.
Not Applicable.
Item 3. Bankruptcy or Receivership
Not Applicable.
Item 4. Changes in Registrant's Certifying Accountant.
Not Applicable
Item 5. Other Events.
On March 5, 2002, the Husker Ag Processing, LLC Board of Directors
adopted Amendment No. 4 to the Company's Second Amended and Restated Operating
Agreement (the "Operating Agreement"). The amendment revised the Operating
Agreement to provide that a member's percentage interest (as defined under
Section 1.17 of the Operating Agreement) is determined by dividing the number of
membership units held by an individual member by the total number of outstanding
membership units. As a result of this amendment, the Company will allocate
profits, losses and distributions on a per unit basis rather than on a capital
account basis, and additional revisions were made to Article V of the Operating
Agreement to implement allocation rules required by the Internal Revenue Code
and Treasury Regulations.
Item 6. Resignation of Registrant's Directors.
Not Applicable.
Item 7. Financial Statements and Exhibits
(c) Exhibits
(3)(ii) Amendment No. 4 to the Second Amended and Restated Operating
Agreement.
Item 8. Change in Fiscal Year
Not Applicable.
Item 9. Regulation FD Disclosure
Not Applicable.
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, thereunto duly authorized.
HUSKER AG PROCESSING, LLC
Dated: March 26, 2002 By: /s/ Gary Kuester
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Gary Kuester, Chairman of the Board
and President