Current Report Filing (8-k)
27 February 2021 - 9:08AM
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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): February 11, 2021
ADVANCED
BIOENERGY, LLC
|
(Exact
name of Registrant as Specified in Charter)
|
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Delaware
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(State
or Other Jurisdiction of Incorporation)
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000-52421
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20-2281511
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(Commission
File Number)
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(I.R.S.
Employer Identification No.)
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Box
201759
Bloomington, Minnesota
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55420
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Registrant’s
Telephone Number, Including Area Code: None
|
8000
Norman Center Drive
Suite 610
Bloomington, Minnesota 55437
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(Former
name or Former Address, if Changed Since Last Report)
|
|
|
|
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Securities
registered pursuant to Section 12(b) of the Act: None
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):
|
☐
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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)
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☐
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
|
|
☐
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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. ☐
As
previously disclosed in filings with the Securities and Exchange Commission (“SEC”), Advanced BioEnergy, LLC (the
“Company”), ABE South Dakota, LLC and Glacial Lakes Energy, LLC closed the previously described Asset Sale on December
19, 2019. On January 14, 2020, the Company’s Board of Directors authorized an initial distribution to Members of $7.88 million
or $.31 per unit, payable to Members of record as of January 24, 2020. The Company mailed each Member the initial distribution,
with a brief summary of the Company’s windup process on or around January 31, 2020.
Upon
the closing of the Asset Sale, the Company commenced its liquidation in accordance with the Plan of Liquidation adopted by the
Company’s Members at a Special Meeting of Members held on September 19, 2019. Since implementing the Plan of Liquidation,
the Company is now deemed dissolved under Delaware law and continues to exist for the sole purpose of converting its assets into
cash, paying or making provision for the payment of its liabilities and after this is completed, distributing its remaining assets
to its Members in a “Final Distribution.”
Pursuant
to the Plan of Liquidation, the Company closed its office and is now receiving and responding to communications from Members at
Advanced BioEnergy, LLC, P.O. Box 201759, Bloomington, Minnesota, 55420 and through email at members@advancedbioenergy.com.
As
previously disclosed in SEC filings, unless there are unforeseen circumstances, the Company currently expects the Final Distribution
will be made on or around July 31, 2021. The exact amount and the timing of the Final Distribution will depend, however, on the
final receipt of the escrow amount ($4.75 million), the availability of the other reserve funds ($2.75 million), the Company’s
ability to collect all its receivables, sell any assets and complete the liquidation and winding up in an efficient manner.
Commencing
on or about February 11, 2021, the Company began mailing to each Member a Partnership Form 1065 Schedule K-1 for tax year 2020.
The Company will also send each Member a Final Partnership Form 1065 Schedule K-1 after the liquidation of the Company and Final
distribution are complete.
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 hereunto duly authorized.
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ADVANCED BIOENERGY, LLC
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By:
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/s/ J.D. Schlieman
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J.D. Schlieman, Continuing Director
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Date:
February 26, 2021
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