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 4, 2009

 

_______________________________________________________________________

 

 

(Exact name of Registrant as specified in its charter)

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Commission File Number 1-6227

 

 

 

2108 140^th Avenue, P.O. Box 21

Algona, IA 50511

(Address of Principal Executive Offices)

 

(515) 395-8888

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:

 

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))

 

 

 

On March 4, 2009, East Fork Biodiesel, LLC (“East Fork”), Renewable Energy Group, Inc. (“Renewable Energy Group”) and REG Construction Services, L.L.C. (“REG Construction”, along with Renewable Energy Group, collectively referred to as “REG”) entered into a Mediation Settlement Agreement (“Settlement Agreement”).

 

REG Construction designed, engineered and built East Fork’s biodiesel plant. A balance of $289,010 remained owing to REG Construction for final payments of construction costs and retainage. However, East Fork separately alleged that it was entitled to certain refunds from REG and from the State of Iowa for certain sales taxes which were a component of the construction costs of East Fork's plant.

 

In February 2009, East Fork’s sales tax refund claim was partially resolved by the Iowa Department of Revenue’s payment to East Fork of an additional $290,835. In total East Fork received sales tax refunds from the Iowa Department of Revenue of $851,214.

 

Under the Settlement Agreement, East Fork’s claim for an additional refund from REG was released in exchange for REG accepting a $30,000 payment from East Fork in total satisfaction of its $289,010 claim for remaining construction costs and retainage.

 

The foregoing description of the Settlement Agreement does not purport to be complete and is qualified in its entirety by reference to such agreement, which is filed as Exhibit 10.1 to this Current Report on Form 8-K.

 

 

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 thereunto duly authorized.

 

 

 

 

INDEX TO EXHIBITS

 

 

 

 

MEDIATION SETTLEMENT AGREEMENT

East Fork Biodiesel, L.L.C. (hereinafter "East Fork") v. Renewable Energy Group, Inc. and REG Construction Services, L.L.C.

(hereinafter collectively "REG")

 

          On this 4th day of March, 2009, this matter was submitted to mediation, an agreement was reached by the parties, the agreement is as follows: