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): November 5, 2009
Red Trail Energy,
LLC
(Exact
Name of Registrant as Specified in Its Charter)
North
Dakota
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000-52033
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76-0742311
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(State
or Other Jurisdiction of
Incorporation)
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(Commission
File Number)
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(I.R.S.
Employer Identification
Number)
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P.O. Box
11, 3682 Highway 8 South
Richardton,
North Dakota 58652
(Address
of Principal Executive Offices)(Zip Code)
701-974-3308
(Registrant’s
Telephone Number, Including Area Code)
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)
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o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))
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o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))
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Item 1.01
ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT
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SIGNATURES
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Item
1.01. Entry into a Material Definitive Agreement.
On
November 5, 2009, the Red Trail Energy, LLC (the “Company”) executed a Coal
Sales Order dated November 5, 2009 with Westmoreland Coal Sales Company (“WCSC”)
for the purchase of Powder River Basin coal. The order provides for the purchase
of not less than 90,000 tons and not more than 115,000 tons per year for
calendar years 2010 and 2011.
Forward-Looking
Statements:
This Form
8-K contains forward-looking statements that are subject to various assumptions,
risks and uncertainties. It should be read in conjunction with the
“Forward-Looking Statements” sections in the Company’s Annual Report on Form
10-K for the year ended December 31, 2008 and in conjunction with other SEC
reports filed by the Company that discuss important factors that could cause
actual results to differ materially. The Company expressly disclaims any current
intention to update any forward-looking statements contained in this report as a
result of new information or future events or developments.
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.
Red
Trail Energy, LLC
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Date:
November 12, 2009
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By
/s/ Mark E Klimpel
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Name:
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Mark
E Klimpel
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Title:
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Chief
Financial Officer
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