8-K

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): December 17, 2008

AVENTINE RENEWABLE ENERGY HOLDINGS, INC.

(Exact name of registrant as specified in its charter)

Delaware	001-32922	05-0569368
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

120 North Parkway Pekin, IL	61554
(Address of principal executive offices)	(Zip Code)

Registrant’s telephone number, including area code: (309) 347-9200

Not Applicable

(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:

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 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing rule or Standard; Transfer of listing.

On December 17, 2008, Aventine Renewable Energy Holdings, Inc. (the “Company”) received notice from the New York Stock Exchange (the “NYSE”) that the Company’s common stock price had fallen below the NYSE’s continued listing standard relating to minimum share price.  Rule 802.01C of the NYSE’s listed company manual requires that the Company’s common stock have a minimum average closing price of not less that $1.00 during a consecutive 30 trading-day period.

The Company will notify the NYSE that it intends to cure the deficiency.  The 30 consecutive trading-day average share price of the Company’s common stock must move back above $1.00 within six months from receipt of the NYSE notice, subject to possible extension, to regain compliance with the NYSE’s share price condition, or it will be subject to suspension and de-listing procedures.  Under the NYSE rules, the Company’s common stock will continue to be listed on the NYSE during the cure period, subject to the Company’s compliance with other NYSE continued listing requirements.

Item 8.01 Other Events.

On December 22, 2008, the Company issued a press release announcing that the Company had received a continued listing standard notice from the NYSE.  The press release is attached Exhibit 99.1 hereto and in incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.

(a)Financial statements of businesses acquired — Not Applicable

(b)Pro forma financial information — Not Applicable

(d)Exhibits

Exhibit No.	Description
99.1	Press release, dated December 22, 2008, issued by Aventine Renewable Energy Holdings, Inc. announcing that the Company had received a continued listing standard notice from the NYSE

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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 hereto duly authorized.

Dated:  December 22, 2008

	AVENTINE RENEWABLE ENERGY
	HOLDINGS, INC.
By:	/s/ William J. Brennan
	William J. Brennan
	Principal Accounting Officer

EXHIBIT INDEX

Exhibit No.	Description
99.1	Press release, dated December 22, 2008, issued by Aventine Renewable Energy Holdings, Inc. announcing that the Company had received a continued listing standard notice from the NYSE

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EX-99.1

Exhibit 99.1

Contact: Les Nelson
Director — Investor Relations
(309) 347-9709

Aventine Receives Continued Listings Standard Notice from the NYSE

PEKIN, IL, (December 22, 2008) - Aventine Renewable Energy Holdings, Inc. (NYSE: AVR), a leading producer, marketer and end-to-end provider of clean renewable energy (the “Company”), today announced that on December 17, 2008, the Company received notification from the New York Stock Exchange (the “NYSE”) that the Company had fallen below one of the NYSE continued listing standards which, among other things, requires a minimum average closing price of $1.00 per share over 30 consecutive trading days.

The Company has a period of six months, subject to possible extension, to bring its average share price back above $1.00.  Under the NYSE rules, the Company’s common stock will continue to be listed on the NYSE during the cure period, subject to the Company’s compliance with other NYSE continued listing requirements.  The Company plans to notify the NYSE that it intends to cure the deficiency.

The Company’s business operations, Securities and Exchange Commission reporting requirements, credit agreements and other debt obligations are unaffected by this notification.

About Aventine

Aventine is a leading producer, marketer and end-to-end distributor of ethanol to many leading energy companies in the United States.  Aventine is also a marketer and distributor of biodiesel.  In addition to ethanol, Aventine also produces distillers grains, corn gluten meal, corn gluten feed, corn germ and brewers’ yeast.  Our internet address is www.aventinerei.com.

Forward Looking Statements

Certain information included in this press release may be deemed to be “forward looking statements” within the meaning of section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934.  All statements, other than statements of historical facts, included in this press release, are forward looking statements.  Any forward looking statements are not guarantees of Aventine’s future performance and are subject to risks and uncertainties that could cause actual results, developments and business decisions to differ materially from those contemplated by such forward looking statements.  Aventine disclaims any duty to update any forward looking statements.  Some of the factors that may cause Aventine’s actual results, developments and business decisions to differ materially from those contemplated by such forward looking statements include the following:

·Changes in or elimination of laws, tariffs, trade or other controls or enforcement practices such as:

·National, state or local energy policy;

·Federal ethanol and biodiesel tax incentives;

·Regulation currently proposed and/or under consideration which may increase the existing renewable fuel standard and other legislation mandating the usage of ethanol or biodiesel;

·State and federal regulation restricting or banning the use of Methyl Tertiary Butyl Ether;

·Environmental laws and regulations applicable to Aventine’s operations and the enforcement thereof;

·Changes in weather and general economic conditions;

·Overcapacity within the ethanol, biodiesel and petroleum refining industries;

·Total United States consumption of gasoline;

·Availability and costs of products and raw materials, particularly corn, coal and natural gas;

·Labor relations;

·Fluctuations in petroleum prices;

·The impact on margins from a change in the relationship between prices received from the sale of co-products and the price paid for corn;

·Aventine’s or its employees’ failure to comply with applicable laws and regulations;

·Aventine’s ability to generate free cash flow to invest in its business and service any indebtedness;

·Limitations and restrictions contained in the instruments and agreements governing Aventine’s indebtedness;

·Aventine’s ability to raise additional capital and secure additional financing, and our ability to service such debt, if obtained;

·Aventine’s ability to retain key employees;

·Liability resulting from actual or potential future litigation;

·Competition;

·Plant shutdowns or disruptions at our plant or plants whose products we market;

·Availability of rail cars and barges;

·Potential decreases in marketing alliance volumes resulting from the acquisition of marketing alliance partners by our competitors, the reduction of production capacity or abandonment of announced projects by marketing alliance partners for economic reasons, the creation of similar marketing alliances by our competitors and other failures to renew marketing alliance contracts;

·Our ability to complete our ethanol plant expansion projects in a timely manner and at the expected cost;

·Our ability to receive and/or renew permits to construct and/or commence operations of our proposed capacity additions in a timely manner, or at all; and

·Fluctuations in earnings resulting from increases or decreases in the value of ethanol or biodiesel inventory

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