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): March 22, 2013
ADVANCED BIOENERGY, LLC
(Exact name of Registrant as Specified in Charter)
| Delaware | 000-52421 | 20-2281511 | ||
| (State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
| 8000 Norman Center Drive Suite 610 Bloomington, MN |
55437 | |
| (Address of Principal Executive Offices) | (Zip Code) |
763-226-2701
Registrant’s Telephone Number, Including Area Code
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)) |
Item 5.07 Submission of Matters to a Vote of Security Holders.
On March 22, 2013, the Company held its Regular Meeting of Members (the “Regular Meeting”). Of the Company’s 25,410,851 membership units outstanding and entitled to vote at the Regular Meeting, 18,650,212 membership units or 73.4% were present either in person or by proxy.
The following describes the matters considered by the Company’s members at the Regular Meeting, as well as the final results of the votes cast at the meeting.
| 1. | To set at eight the number of directors to be elected for a term of one year or until their successors are elected and qualified. |
| For |
Against | Abstain | ||||||
| 18,488,842 |
93,024 | 68,346 | ||||||
| 2. | To elect eight directors to serve for a period of one year or until their successors are elected and qualified. |
| Nominee |
For | Withhold | ||||||
| Scott A. Brittenham |
18,498,734 | 151,478 | ||||||
| Jonathan K. Henness |
18,502,642 | 147,570 | ||||||
| John E. Lovegrove |
18,531,737 | 118,475 | ||||||
| Joshua M. Nelson |
18,526,509 | 123,703 | ||||||
| Bryan A. Netsch |
18,502,190 | 148,022 | ||||||
| Bruce L. Rastetter |
18,513,027 | 137,185 | ||||||
| Troy L. Otte |
18,536,070 | 114,142 | ||||||
| Richard R. Peterson |
18,531,737 | 118,475 | ||||||
| 3. | To ratify the appointment of McGladrey LLP as the Company’s independent registered public accounting firm for the fiscal year ending September 30, 2013. |
| For |
Against | Abstain | ||||||
| 18,510,309 |
77,544 | 62,359 | ||||||
| 4. | To approve the grant of a unit appreciation right to the Company’s Chief Executive Officer. |
| For |
Against | Abstain | ||||||
| 17,895,047 |
620,920 | 134,245 | ||||||
| 5. | To cast a non-binding advisory vote approving executive compensation. |
| For |
Against | Abstain | ||||||
| 17,982,790 |
498,893 | 168,529 | ||||||
As a result, each nominee listed in Proposal 2 was elected as a director of the Company and Proposals 1, 3, 4 and 5 were approved.
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.
| ADVANCED BIOENERGY, LLC | ||
| By: | /s/ Richard R. Peterson | |
| Richard R. Peterson President, Chief Executive Officer and | ||
| Chief Financial Officer | ||
Date: March 25, 2013