Peterson Richard 4

4 · Advanced BioEnergy, LLC · Filed Dec 17, 2012

Form 4

Period: 2012-12-13

DirectorChief Executive Officer

Transactions

Disposition to Issuer
Unit Option (Right-to-Buy)
2012-12-13−150,000→ 0 total
From: 2012-05-11Exp: 2021-05-12→ Units (150,000 underlying)
Exercise/Conversion
Membership Units
2012-12-14+150,000→ 175,400 total
Award
Unit Option (Right-to-Buy)
2012-12-13+150,000→ 150,000 total
From: 2012-12-13Exp: 2012-12-31→ Units (150,000 underlying)
Exercise/Conversion
Unit Option (Right-to-Buy)
2012-12-14−150,000→ 0 total
From: 2012-12-13Exp: 2012-12-31→ Units (150,000 underlying)

Footnotes (4)

[F1]At the time of grant the exercise price schedule allowed for three tranches at 50,000 units per tranche with the Tranche A exercise price per unit of $1.50, Tranche B exercise price per unit of $3.00 and Tranche C exercise price per unit of $4.50.
[F2]On December 13, 2012, the Board of Directors approved the following changes to the unit option with tandem appreciation rights held by Mr. Peterson: (i) the Tranche C exercise price was reduced to $4.15 from $4.50 per unit; (ii) the vesting of the option was accelerated so that the option is vested and exercisable in full as of December 13, 2012; and (iii) for the purposes of the special distribution declared on December 14, 2012 the units underlying the option would be treated as outstanding and Mr. Peterson may use the funds from the special distribution to pay the exercise price of the option.
[F3]A unit appreciation right was granted in tandem with the non-qualified unit option. With the exercise of the non-qualified unit option, the unit appreciation right is automatically canceled.
[F4]As a condition to the amendment described in footnote 2(iii), Mr. Peterson must exercise the unit option on or before the record date for the special distribution and if not exercised prior to December 31, 2012, the option will expire.

Documents

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