0001286964-20-000010.txt : 20200324 0001286964-20-000010.hdr.sgml : 20200324 20200324120405 ACCESSION NUMBER: 0001286964-20-000010 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20200318 ITEM INFORMATION: Submission of Matters to a Vote of Security Holders ITEM INFORMATION: Other Events FILED AS OF DATE: 20200324 DATE AS OF CHANGE: 20200324 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Heron Lake BioEnergy, LLC CENTRAL INDEX KEY: 0001286964 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL ORGANIC CHEMICALS [2860] IRS NUMBER: 412002393 STATE OF INCORPORATION: MN FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-51825 FILM NUMBER: 20737418 BUSINESS ADDRESS: STREET 1: 91246 390TH AVENUE CITY: HERON LAKE STATE: MN ZIP: 56137-1375 BUSINESS PHONE: 507-793-0077 MAIL ADDRESS: STREET 1: 91246 390TH AVENUE CITY: HERON LAKE STATE: MN ZIP: 56137-1375 FORMER COMPANY: FORMER CONFORMED NAME: GENERATION II ETHANOL LLC DATE OF NAME CHANGE: 20040414 8-K 1 hlb-20200318x8k.htm 8-K hlb_Current_Folio_8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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 18,  2020

 

 

 

 

HERON LAKE BIOENERGY, LLC

(Exact name of small business issuer as specified in its charter)

 

Minnesota

000-51825

41-2002393

(State or other jurisdiction of incorporation or organization)

(Commission File Number)

(I.R.S. Employer Identification No.)

 

91246 390th Avenue, Heron Lake, MN

56137-1375

(Address of principal executive offices)

(Zip Code)

 

(507) 793-0077

(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):

 

 

 

☐

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))

 

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b‑2 of the Securities Exchange Act of 1934 (§240.12b‑2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

 

ITEM 5.07 - SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

 

On March 18, 2020, Heron Lake BioEnergy, LLC (the “Company”) held its 2020 Annual Meeting of Members (the “Annual Meeting”) for the purpose of electing one governor to its board of governors. Votes were solicited in person and by proxy.

 

Of the Company’s 77,932,107 Class A and Class B units issued, outstanding and entitled to vote at the Annual Meeting, 51,131,691 Class A and Class B units, or 65.6% of the total units, were present either in person or by proxy. As a result, a quorum was present to conduct business at the Annual Meeting.

 

With respect to the election of governors, Class A and Class B units held by members entitled to appoint one or more governors under the Company’s Member Control Agreement are not entitled to vote. Therefore, of the total units present in person or by proxy at the meeting, 14,037,774 units were entitled to vote in the election of governors.

 

There was one nominee for the governor position, incumbent Robert Ferguson. The votes were as follows:

 

Name

 

Votes For

 

Votes Withheld/Abstaining

Michael Kunerth

 

11,162,867

 

39,968,824

 

As a result, Mr. Kunerth was re-elected as a governor of the Company to serve a three-year term expiring at the 2023 Annual Meeting or until a successor has been elected and qualified or such governor’s earlier death, resignation or removal.

 

No other matters were voted upon at the Annual Meeting.

 

ITEM 8.01 - OTHER EVENTS

 

On March 18, 2020, the Board of Directors of the Company determined that it is in the best interest of the Company to idle its ethanol production operations, commencing on or about March 30, 2020 and continuing until the completion of the Company’s regularly scheduled annual temporary shutdown of April 29, 2020. Such decision was made in light of considerations related to market risks and uncertainties due to the COVID-19 pandemic and its ramifications.

 

 

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.

 

 

 

 

HERON LAKE BIOENERGY, LLC

 

 

Date: March 24, 2020

/s/ Stacie Schuler

 

Stacie Schuler, Chief Financial Officer