-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, QyUUV0mBRZ39JfP3xOMteDx3uz2LEe7GsdBNl3Ga8lD9KNvBHUaRlUCxe2U5V7d0 6zkGB0Yd0mb28nAZnoua8Q== 0000928465-07-000036.txt : 20070928 0000928465-07-000036.hdr.sgml : 20070928 20070928142401 ACCESSION NUMBER: 0000928465-07-000036 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060306 FILED AS OF DATE: 20070928 DATE AS OF CHANGE: 20070928 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AMCON DISTRIBUTING CO CENTRAL INDEX KEY: 0000928465 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-GROCERIES & GENERAL LINE [5141] IRS NUMBER: 470702918 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 BUSINESS ADDRESS: STREET 1: 7405 IRVINGTON ROAD STREET 2: POST OFFICE BOX 641940 (68164-7940) CITY: OMAHA STATE: NE ZIP: 68122 BUSINESS PHONE: 4023313727 MAIL ADDRESS: STREET 1: 7405 IRVINGTON ROAD STREET 2: POST OFFICE BOX 641940 (68164-7940) CITY: OMAHA STATE: NE ZIP: 68122 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PETERSEN ALLEN D CENTRAL INDEX KEY: 0001007425 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15589 FILM NUMBER: 071141898 BUSINESS ADDRESS: STREET 1: 2800 W HIGGINS ROAD STREET 2: SUITE 835 CITY: HOFFMAN ESTATES STATE: IL ZIP: 60195 BUSINESS PHONE: 8473103265 MAIL ADDRESS: STREET 1: 122 WEST COUNTY LINE ROAD CITY: BARRINGTON HILLS STATE: IL ZIP: 60010 4 1 primary_doc.xml PRIMARY DOCUMENT X0202 4 2006-03-06 0 0000928465 AMCON DISTRIBUTING CO DIT 0001007425 PETERSEN ALLEN D 122 WEST COUNTY LINE ROAD BARRINGTON HILLS IL 60010 1 0 1 0 Series C Convertible Preferred Stock 2006-03-06 4 P 0 80000 25 A Common Stock 146842 80000 I By Draupnir Capital, LLC Each share of Series C Convertible Preferred Stock is convertible into a number of commmon stock of AMCON Distributing Company determined by dividing $25 by the Conversion Price. The Conversion Price is currently $13.62 per share and is subject to customary anti-dilution adjustments in the event of stock splits, stock dividends and certain other distributions on the common stock. Not applicable The Reported Securities are convertible at any time. Draupnir, LLC (controlled by the Reporting Person) is the parent of Draupnir Capital, LLC for which the Reporting Person is a Member and Managing Director of the limited liability company that owns the reported securities. The Reporting Person disclaims beneficial ownership of the reported securities, except to the extent of his pecuniary interest therein, and the inclusion of the reported securities in this report shall not be deemed an admission of beneficial ownership for purposes of Section 16 of the Securities Exchange Act of 1934 or any other purpose. The Reported Securities do not have an expiration date. Andrew C. Plummer Attorney in fact for Allen D. Petersen 2007-09-28 EX-24 2 allendpetersenpoa.txt POWER OF ATTORNEY Exhibit 24 POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Andrew C. Plummer the undersigned's true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer of AMCON Distributing Company (the "Company"), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to complete and execute any such Form 3, 4 and 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing that, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934, as amended. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holding of and transaction in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 29th day of January, 2007. /s/ Allen D. Petersen - ----------------------- Name: Allen D. Petersen -----END PRIVACY-ENHANCED MESSAGE-----