UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

~~Pursuant~~PURSUANT toTO ~~Section~~SECTION 13 orOR 15(d) ofOF ~~the~~THE

~~Securities~~SECURITIES ~~Exchange~~EXCHANGE ~~Act~~ACT ofOF 1934

Date of Report (Date of earliest event reported): July ~~June 6~~12, 2012 (~~May~~July 316, 2012)

AVENTINE RENEWABLE ENERGY HOLDINGS, INC.

(Exact name of ~~Registrant~~registrant as ~~Specified~~specified in ~~Charter~~its Certificate of Incorporation)

Delaware	001-32922	05-0569368
(State of incorporation or organization)	(Commission File Number)	(I.R.S. Employer Identification No.)
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

One Lincoln Centre

One Lincoln Centre

5400 LBJ Freeway, Suite 450

Dallas, TX

75240

(Address of principal executive offices)

(Zip Code)

~~5400~~Registrant’s ~~LBJ~~telephone ~~Freeway~~number, ~~Suite 450~~including area code: (214) 451-6750

~~Dallas,~~Not ~~TX 75240~~Applicable

(~~Address~~Former ofname ~~Principal~~or ~~Executive~~former ~~Offices)~~address, ~~(Zip~~if ~~Code~~changed since last report)

(214) 451-6750

(Registrant’s telephone number, including area code)

N/A

(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 81.01. ~~Other~~Entry ~~Events~~into a Material Definitive Agreement.

OnSecond ~~May 31,~~Amendment 2012, Aventine Renewable Energy Holdings, Inc. (the “Company”) served Aurora Cooperative Elevator Company (“Aurora”) with a petition for declaratory relief filed in the District Court of Dallas County, Texas, 160th Judicial District. The petition alleges, among other things, that Aurora has improperly threatened — in direct contravention of the agreement between the Company and Aurora — to ~~invoke a contractual option to repurchase~~ the ~~land~~Credit on which the Company’s Aurora West ethanol plant (the “Plant”) is located. Aurora’s stated position is that Aurora has the right to invoke the option if the Plant has not been producing ethanol for thirty days, at a daily rate equivalent to an annualized production rate of 90 million gallons, by July 31, 2012.Agreement

~~The~~On petition alleges that the contract setting forth the option does not require thirty days of production in order to prevent Aurora’s exercise of the contractual option. Rather the Company asserts the contract only requires that the Company “diligently pursue construction” of the Plant “to completion by July 16, 2012,” ~~where~~Aventine ~~“diligently~~Renewable ~~pursue~~Energy ~~construction~~ Holdings, Inc. .(“Aventine”) .and toeach ~~completion”~~of ~~does~~its ~~not~~subsidiaries, ~~mean~~as ~~“operation”~~co-borrowers or(collectively, the “~~production.~~Borrowers”) ~~The~~entered ~~Company~~into ~~is seeking~~ a ~~declaratory~~second ~~judgment~~amendment ~~that~~(“Second ~~the~~Amendment”) ~~Company is not required~~ to ~~operate~~ the ~~plant~~Credit orAgreement ~~produce~~dated ~~ethanol at the Plant at the rates or amounts asserted by Aurora before~~ July 3120, ~~2012~~2011 ~~and~~(as ~~the~~amended ~~Company~~from ~~need~~time ~~not operate the Plant or meet the production requirements~~ to ~~avoid~~time, the ~~exercise~~“Credit ofAgreement”), ~~the~~with ~~contractual~~Wells ~~option.~~Fargo ~~The~~Capital ~~Company~~Finance, ~~intends~~LLC, toas ~~pursue~~lender ~~any~~ and ~~all~~as ~~rights~~agent ~~available~~for tothe itlenders ~~with~~(in ~~respect~~such tocapacity, ~~the~~“Wells ~~foregoing~~Fargo”).

~~Forward-Looking~~Pursuant ~~Statements~~to the terms of the Second Amendment, commencing on the effective date of the Second Amendment, the Borrowers will be required to deposit cash into a blocked account held with Wells Fargo (the “Blocked Account”) if the Borrowers fail to satisfy the financial covenant under the Credit Agreement to maintain minimum excess availability at least $7.5 million under the Credit Agreement (the “Excess Availability Requirement”). Any such cash deposit will be equal to 103% of the minimum amount of excess availability required under the Credit Agreement minus the amount of excess availability reported by the Borrowers in the most recent borrowing base certificate (the “Shortfall Amount”). The deposit of the Shortfall Amount into the Blocked Account will be deemed to satisfy the Excess Availability Requirement and to cure any default or event of default which would have otherwise been caused by the failure to maintain the Excess Availability Requirement. The amounts to be deposited are required to be funded from the proceeds of sale of inventory of the Borrowers.

~~Certain~~On ~~information included in this current report on Form 8-K may be deemed to be “forward-looking statements” within~~ the ~~meaning~~effective ofdate ~~Section 27A~~ of the ~~Securities~~Second ~~Act of 1933 and Section 21E of the Securities Exchange Act of 1934. In some cases~~Amendment, you can identify these statements by forward-looking words such as “may,” “might,” “will,” “should,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “potential” or “continue,” and the ~~negatives~~Borrowers ofwere ~~these~~required ~~terms~~to ~~and~~deposit ~~other~~approximately ~~comparable terminology~~$1.9 ~~These~~million ~~forward-looking~~into ~~statements,~~the ~~which~~Blocked ~~are~~Account ~~subject~~ to ~~known~~cure ~~and unknown risks, uncertainties and assumptions about~~ the ~~Company,~~event ~~may~~of ~~include~~default ~~statements~~resulting ~~regarding~~from the ~~Company’s~~failure ~~intent~~ to ~~pursue~~maintain ~~any~~the ~~and~~Excess ~~all~~Availability ~~rights~~Requirement ~~available~~for ~~to it. These statements are only predictions based on~~ the ~~Company’s~~week ~~current~~period ~~expectations~~ending ~~and~~June 8, ~~projections about future events~~2012. ~~There~~Aventine ~~are~~agreed ~~important~~to ~~factors~~allow ~~that~~Wells ~~could~~Fargo ~~cause the Company’s actual results, level of activity, performance or achievements~~ to ~~differ~~deposit ~~materially~~cash from ~~the~~a ~~results,~~lock ~~level~~box ofaccount ~~activity,~~held ~~performance~~with orWells ~~achievements~~Fargo ~~expressed or implied by~~ (the ~~forward-looking~~“Lock ~~statements. Some~~Box ofAccount”) ~~the~~into ~~factors that may cause~~ the ~~Company’s~~Blocked ~~actual~~Account ~~results,~~to ~~developments~~satisfy ~~and~~this ~~business~~requirement. ~~decisions~~Pursuant to ~~differ materially from those contemplated by such forward-looking statements include~~ the ~~risks~~terms ~~detailed~~of in the ~~Company’s~~Second ~~filings with the Securities and Exchange Commission~~Amendment, ~~including~~Wells ~~its~~Fargo ~~most recent filings on Form 10-K~~ and ~~Form 10-Q, or in information disclosed in public conference calls,~~ the ~~date~~lenders ~~and time of which are released in advance. The Company is~~ under nothe ~~obligation~~Credit toAgreement (acknowledged and ~~expressly~~agreed ~~disclaims~~that ~~any~~this ~~such~~event ~~obligation to) update any~~ of ~~the~~default ~~information~~had inbeen ~~this~~cured ~~report~~as ifthough ~~any~~for ~~forward-looking~~the ~~statement~~week ~~later~~period ~~turns~~ending ~~out~~June 8, to2012, bethe ~~inaccurate~~Borrowers ~~whether~~had asmaintained athe ~~result~~Excess ofAvailability ~~new information, future events or otherwise~~Requirement.

2Further, under the terms of the Second Amendment, on July 27, 2012, the Borrowers are required to deposit into the Blocked Account cash collateral equal to the outstanding principal amount of existing loans plus 103% of the undrawn amount of all outstanding letters of credit as of such date. As a condition precedent to any future loans, the Borrowers will be required to cash collateralize the outstanding principal amount of all loans (including the requested loans) and 103% of the undrawn amount of all outstanding letters of credit, prior to the making of such loans. As of July 6, 2012 the Borrowers had no outstanding loans and approximately $9.15 million undrawn letters of credit issued under the Credit Agreement. The Second Amendment also provides that from time to time, Wells Fargo may transfer funds from the Lock Box Account in an amount not to exceed the principal amount of all outstanding loans plus 103% of the undrawn amount of all outstanding letters of credit as of the applicable date of determination.

~~SIGNATURE~~2

~~Pursuant~~Funds todeposited ~~the~~in ~~requirements of~~ the ~~Securities~~Blocked ~~Exchange~~Account, ~~Act~~including ofamounts ~~1934,~~funded ~~the~~due ~~registrant~~to ~~has~~a ~~duly~~Shortfall ~~caused~~Amount, ~~this~~may ~~report~~increase tothe beborrowing ~~signed~~base onunder ~~its~~the ~~behalf~~Credit Agreement by ~~the~~up ~~undersigned~~to ~~hereunto~~$7.5 ~~duly authorized~~million.

~~AVENTINE~~The ~~RENEWABLE~~Second ~~ENERGY~~Amendment ~~HOLDINGS,~~creates ~~INC~~a liquidity reserve (the “Liquidity Reserve Amount”) equal to (a) $50 million (as such amount may be decreased by the amount of commitment reductions in accordance with the terms of the Credit Agreement) minus (b) the sum of (i) the principal amount of all loans then outstanding plus (ii) the undrawn amount of any and all outstanding letters of credit plus (iii) $7.5 ~~By:~~million. ~~/s/~~The ~~Calvin~~Liquidity ~~Stewart~~Reserve ~~Name:~~Amount ~~Calvin~~reduces ~~Stewart~~the ~~Title~~Borrowers’ current availability for loans under the Credit Agreement and imposes a limit on the Borrowers’ ability to borrow additional loans and request the issuance of additional letters of credit. The Second Amendment also reduces the aggregate undrawn amount of letters of credit that are permitted to be outstanding to the lesser of: ~~Chief~~(i) approximately ~~Financial~~$9.15 ~~Officer~~million, (ii) $50 million (as decreased in accordance with the terms of the Credit Agreement) minus outstanding loans minus the Liquidity Reserve Amount and (iii) the borrowing base minus the principal balance of revolving loans. These amendments, together with the requirement to cash collateralize any future loans, effectively prevent the Borrowers from requesting further loans or letters of credit under the Credit Agreement.

~~Date:~~The ~~June 6~~Credit Agreement was restructured to ensure that inventory and proceeds of inventory from the port in Mt Vernon, ~~2012~~Indiana (“Indiana Port Leased Premises”) do not contribute towards the Borrowers’ borrowing base until certain conditions are fulfilled. Wells Fargo is also permitted to create separate reserves in respect of inventory and the proceeds of inventory, which reserves would decrease the borrowing base. Wells Fargo and the lenders under the Credit Agreement also waived compliance with covenants to deliver a letter and an acknowledgement that related to mortgages and liens in respect of the Indiana Port Leased Premises and waived any defaults that had resulted or would result from the Borrowers’ failure to deliver such letter and acknowledgment prior to, on or after the effective date of the Second Amendment.

3Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

Aventine entered into the Second Amendment on July 6, 2012, which is more fully described in Item 1.01 above and is incorporated herein by reference.

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: July 12, 2012

AVENTINE RENEWABLE ENERGY HOLDINGS, INC.


By:	/s/ Calvin Stewart
	Name:	Calvin Stewart
	Title:	Chief Financial Officer

Filing Compare · AVENTINE RENEWABLE ENERGY HOLDINGS INC