- Current report filing (8-K)
2009年1月8日 - 6:34AM
Edgar (US Regulatory)
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):
January 7,
2009
AVENTINE
RENEWABLE ENERGY HOLDINGS, INC.
(Exact name of registrant as specified in its charter)
Delaware
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001-32922
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05-0569368
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(State or other jurisdiction of incorporation)
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(Commission File Number)
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(IRS Employer
Identification No.)
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120 North Parkway
Pekin, IL
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61554
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(Address of principal executive offices)
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(Zip Code)
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Registrants telephone number, including area code:
(309)
347-9200
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)
o
Soliciting material pursuant to Rule 14a-12
under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
o
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
December 31, 2008, Aventine Renewable Energy Aurora West, LLC, a
wholly-owned indirect subsidiary of Aventine Renewable Energy Holdings, Inc.
(hereinafter together called Aventine) and Kiewit Energy Company (Kiewit)
entered into a change order to the Engineering, Procurement and Construction
Services Fixed Price Contract (the EPC Contract) for the ethanol facility
currently under construction in Aurora, Nebraska.
The
change order suspends construction of the ethanol facility for up to 180 days
and addresses the extension of the construction schedule in the event of
resumption of work. The payment schedule
under the agreement was adjusted through June 30, 2009 as a result of this
suspension of construction. Aventine
also agreed to pay Kiewit and its subcontractors approximately $4.9 million in
suspension costs. The change order
further provides for suspension services, the resumption of work, and the
tolling of deadlines and milestones during the suspension, cancels a letter of
credit granted in favor of Aventine, provides for Kiewits forbearance of
remedies, and provides for various other responsibilities and obligations of
the parties common to such construction contracts and their suspension.
The
change order terminates the parties amendment to the EPC Contract entered into
on October 1, 2008.
Item
9.01 Financial Statements and Exhibits.
(a)
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Financial
statements of businesses acquired Not Applicable
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(b)
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Pro
forma financial information Not Applicable
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(d)
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Exhibits
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Exhibit No.
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Description
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None
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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 hereto duly authorized.
Dated: January 7, 2009
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AVENTINE
RENEWABLE ENERGY HOLDINGS, INC.
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By:
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/s/
William J. Brennan
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William
J. Brennan
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Principal
Accounting Officer
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2
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