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
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Date of Report (Date of earliest event reported) |
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November 30 , 201 6 |
Green Plains Inc.
(Exact name of registrant as specified in its charter)
Iowa
(State or other jurisdiction of incorporation)
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001-32924 |
84-1652107 |
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(Commission file number) |
(IRS employer identification no.) |
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450 Regency Parkway , Ste. 4 00, Omaha, Nebraska |
68114 |
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(Address of principal executive offices) |
(Zip code) |
(402) 884-8700
(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:
☐ 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 November 30, 2016, Green Plains Trade Group LLC, a wholly owned subsidiary of Green Plains Inc. , and Green Plains Logistics LLC, a wholly owned subsidiary of Green Plains Partners LP, entered into Amendment No. 2 to the rail transportation services agreement . The amendment serves to extend the initial term of the agreement, effective July 1, 2015, from a six year term to a ten year term, consistent with the term of other agreements between the parties. All other terms and conditions remain the same as the initial agreement , as previously amended .
The above description of the amendment to the r ail t ransportation s ervices a greement is not complete and is qualified in its entirety by ref erence to the full text of the amendment to the r ail t ransportation s ervices a greement , which is filed as Exhibit 10.1 to this Current Report on Form 8-K and which is incorporated into this Item 1.01 by reference.
Item 9.01. Financial Statements and Exhibits .
(d) Exhibits. The following exhibit is filed as part of this report.
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Exhibit |
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Number |
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Description of Exhibit |
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10.1 |
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Amendment No. 2 to Rail Transportation Services Agreement , dated November 30, 2016 |
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2
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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Date: December 1, 2016 |
Green Plains Inc.
Jerry L. Peters
(Principal Financial Officer) |
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AMENDMENT NO. 2 TO RAIL TRANSPORTATION SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO RAIL TRANSPORTATION SERVICES AGREEMENT (this “ Agreement ”), is entered into and effective as of the 30 th day of November, 201 6 , by and between Green Plains Logistics LLC (the “ Operator ”) and Green Plains Trade Group LLC (the “ Customer ”). Customer and Operator are sometimes referred to in this Agreement as the “ Parties ” and individually as a “ Party .”
WHEREAS , the Parties desire to amend the Rail Transportation Services Agreement effective July 1, 2015 , between the Parties (the “Agreement”) on the terms and conditions set forth herein to extend the term consistent with the term of other agreements between the parties . Terms used herein not defined herein shall have the meaning set forth in the Agreement.
NOW, THEREFORE , in consideration of the mutual premises of the parties and covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows:
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Section 9 of the Agreement is hereby replaced in its entirety with the following: |
Term . The initial term, of this Agreement shall begin on the Effective Date and shall continue for a period of ten (10) years (the “Initial Term”) and shall automatically renew for successive twelve (12) month terms thereafter (each such term, a “Renewal Term” and all Renewal Terms, together with the Initial Term, the “Term”) until terminated by either party by providing 360 days written notice of such termination to the other party .
IN WITNESS WHEREOF , the parties hereto have executed this A mendment as of the day and year first above written.
OPERATOR: GREEN PLAINS LOGISTICS LLC
Signature: /s/ Michelle Mapes
Name: Michelle Mapes
Title: EVP – General Counsel and Corporate Secretary
C USTOMER: GREEN PLAINS TRADE GROUP LLC
Signature: /s/ Michelle Mapes
Name: Michelle Mapes
Title: EVP – General Counsel and Corporate Secretary