Attached files
file | filename |
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EX-4.1 - Green Brick Partners, Inc. | v210090_ex4-1.htm |
EX-99.1 - Green Brick Partners, Inc. | v210090_ex99-1.htm |
EX-10.1 - Green Brick Partners, Inc. | v210090_ex10-1.htm |
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 4, 2011
BioFuel
Energy Corp.
(Exact
name of registrant as specified in its charter)
Delaware
|
001-33530
|
20-5952523
|
||
(State
or other jurisdiction
|
(Commission
File Number)
|
(IRS
Employer
|
||
of
incorporation)
|
Identification
No.)
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1600
Broadway, Suite 2200
|
Denver,
CO 80202
|
(Address
of principal executive offices, including zip
code)
|
(303)
640-6500
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(Registrant’s
telephone number including area
code)
|
(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:
¨
|
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))
|
Item
1.01. Entry
into a Material Definitive Agreement.
On February 4, 2011, BioFuel Energy
Corp. (the “Company”) entered into the Deposit Agreement (the “Deposit
Agreement”) with Mellon Investor Services LLC, as depositary, and the holders
from time to time of the depositary shares described therein. The
terms of the Deposit Agreement are described in the Company’s Registration
Statement on Form S-1 (file no. 333-169982) (the “Registration Statement”) under
the caption “Description of Capital Stock—Description of the Depositary Shares”
and such description is incorporated by reference herein.
On February 4, 2011, the Company and
BioFuel Energy, LLC (the “LLC”) entered into the Third Amended and Restated
Limited Liability Company Agreement of the LLC (the “Third Amended and Restated
Limited Liability Company Agreement”). The terms of the Third Amended
and Restated Limited Liability Company Agreement is described in the
Registration Statement under the caption “Description of Capital Stock—LLC
Preferred Membership Interests; Amended and Restated Limited Liability Company
Agreement” and such description is incorporated by reference
herein.
Item
8.01. Other
Events.
On February 4, 2011, the Company issued
a press release announcing the closing of its previously announced rights
offering. A copy of the press release is attached hereto as Exhibit
99.1.
Item
9.01.
Financial Statements and Exhibits.
(d)
Exhibits.
Exhibit Number
|
Description
|
|
4.1
|
Deposit
Agreement, dated February 4, 2011, among Mellon Investor Services LLC, as
depositary, and the holders from time to time of the depositary shares
described therein
|
|
10.1
|
Third
Amended and Restated Limited Liability Company Agreement of BioFuel
Energy, LLC dated February 4, 2011
|
|
99.1
|
Press
release dated February 4,
2011
|
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.
BIOFUEL
ENERGY CORP.
|
|||
Date:
February 4, 2011
|
|||
By:
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/s/
Scott H. Pearce
|
||
Name: Scott
H. Pearce
|
|||
Title: President
and Chief Executive
Officer
|
Exhibit
Index
Exhibit Number
|
Description
|
|
4.1
|
Deposit
Agreement, dated February 4, 2011, among Mellon Investor Services LLC, as
depositary, and the holders from time to time of the depositary shares
described therein
|
|
10.1
|
Third
Amended and Restated Limited Liability Company Agreement of BioFuel
Energy, LLC dated February 4, 2011
|
|
99.1
|
Press
release dated February 4,
2011
|