UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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 16, 2007
LAKE AREA CORN PROCESSORS, LLC
(Exact name of small business issuer as specified in its charter)
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South Dakota |
0-50254 |
46-0460790 |
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(State or other jurisdiction of incorporation or organization) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
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46269 SD Highway 34 P.O. Box 100 Wentworth, South Dakota 57075 |
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(Address of principal executive offices) |
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(605) 483-2676 |
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(Issuer’s telephone number) |
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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):
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 5.03 Amendments to Articles of Incorporation or Bylaws
On March 16, 2007, our board of managers adopted the First Amendment to our Amended and Restated Operating Agreement. The board amended Section 4.1(b) of the operating agreement to provide that, effective March 15, 2007, dispositions of capital units and admissions of new members are effective as of the first day of the quarter immediately following the quarter in which such matters are approved by the board. Prior to the amendment, dispositions of capital units became effective on a trimester basis, rather than a quarterly basis. A copy of the amendment is attached as an exhibit to this report.
Item 9.01 Financial Statements and Exhibits
(a) None.
(b) None.
(c) None.
(d) None.
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Exhibit No. |
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Description |
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99.1 |
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First Amendment to the Amended and Restated Operating Agreement of Lake Area Corn Processors, LLC. |
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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LAKE AREA CORN PROCESSORS, LLC |
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March 16, 2007 |
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/s/Brian Woldt |
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Date |
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Brian Woldt, Chief Financial Officer |
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Exhibit 99.1
FIRST
AMENDMENT TO THE AMENDED AND RESTATED
OPERATING AGREEMENT OF
LAKE AREA CORN PROCESSORS, LLC
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED OPERATING AGREEMENT OF LAKE AREA CORN PROCESSORS, LLC (the “Company”) is made and entered into effective as of the 15 th day of March 2007 (the “Effective Date”), pursuant to Section 14.11 of the Operating Agreement, which requires approval of amendments by a Supermajority of the Board of Managers.
Section 4.1(b) is amended as follows:
The third sentence of Section 4.1(b) is amended to replace the word “Trimester” with “Quarter,” so that such sentence shall read as follows: “Dispositions of Capital Units, and the resulting admission of new members, if applicable, are effective as of the first day of the Quarter immediately following the Quarter in which such matters are approved by the Board of Managers.”
Section 4.1(b) is further amended to add the following sentence after the third sentence of the Section: “For purposes of this Section, ‘Quarter’ refers to the three month periods beginning January 1, April 1, July 1 and October 1, or such other dates as the Board of Managers shall determine in its sole discretion.”
CERTIFICATION
I certify that the above amendment was duly adopted by the Board of Managers of Lake Area Corn Processors, LLC in accordance with the provisions of the Company’s Operating Agreement.
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By: |
/s/ Randall L. Hansen |
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Secretary, Lake Area Corn Processors, LLC |
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