SEC Company Response from Advanced BioEnergy, LLC (CIK 0001325740) — Nov 10, 2005
Advanced BioEnergy, LLC (CIK 0001325740)
Date: Nov. 10, 2005 · CIK: 0001325740 · Accession: 0001047469-05-026604
AI Filing Summary & Sentiment
File numbers found in text: 333-125335
Referenced dates: November 7, 2005
Letter
United States Securities and Exchange Commission Advanced BioEnergy, LLC Amendment No. 4 to Registration Statement on Form SB-2 Filed November 7, 2005 Registration No. 333-125335
Dear Mr. Mancuso:
Advanced BioEnergy, LLC (the "Company") would like to expand its answers to Comment No's 1 and 3 provided in your letter dated November 7, 2005, which provided comments on our Pre-Effective Amendment No. 4 to Registration Statement on Form SB-2 as filed on November 7, 2005.
As further response to Comment No. 1, the cash balance of the Company as provided on the Financial Statements (Unaudited) as of June 30, 2005 was $1,184,564. The Company reports that the balance of its checking account at Timberwood Bank on September 30, 2005, was $852,581 (Unaudited). The Company's average monthly expenditures on organizational and developmental expenses during the last quarter of the fiscal year were approximately $110,000. Our client does not anticipate this rate of expenditure to change in the near future.
As further to response to Comment No. 3, the Company entered into an agreement for engineering services with Fagen Engineering, LLC dated September 8, 2005, previously filed as Exhibit 10.14. It was determined that this agreement failed to accurately reflect the agreement between the parties as the intention was to obligate Fagen Engineering, LLC to provide engineering services for a fixed price. Instead, the agreement contained provisions consistent with an arrangement whereby the Company would be charged on an hourly basis in accordance with a fee schedule. As such, the prior agreement was terminated by mutual agreement of the parties and a new agreement dated November 4, 2005, was executed. The new agreement has now been filed as Exhibit 10.14 and supersedes the previous agreement in its entirety.
If you have any questions or comments, please do not hesitate to contact me at (515) 242-2477.
Sincerely,
/s/ MIRANDA L. HUGHES
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November 10, 2005
Russell
Mancuso
Branch Chief
United States Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549
RE:
Advanced BioEnergy, LLC
Amendment No. 4 to Registration Statement on Form SB-2
Filed November 7, 2005
Registration No. 333-125335
Dear Mr. Mancuso:
Advanced
BioEnergy, LLC (the "Company") would like to expand its answers to Comment No's 1 and 3 provided in your letter dated November 7, 2005, which provided comments on our
Pre-Effective Amendment No. 4 to Registration Statement on Form SB-2 as filed on November 7, 2005.
As
further response to Comment No. 1, the cash balance of the Company as provided on the Financial Statements (Unaudited) as of June 30, 2005 was $1,184,564. The Company reports
that the balance of its checking account at Timberwood Bank on September 30, 2005, was $852,581 (Unaudited). The Company's average monthly expenditures on organizational and developmental
expenses during the last
quarter of the fiscal year were approximately $110,000. Our client does not anticipate this rate of expenditure to change in the near future.
As
further to response to Comment No. 3, the Company entered into an agreement for engineering services with Fagen Engineering, LLC dated September 8, 2005, previously filed as
Exhibit 10.14. It was determined that this agreement failed to accurately reflect the agreement between the parties as the intention was to obligate Fagen Engineering, LLC to provide
engineering services for a fixed price. Instead, the agreement contained provisions consistent with an arrangement whereby the Company would be charged on an hourly basis in accordance with a fee
schedule. As such, the prior agreement was terminated by mutual agreement of the parties and a new agreement dated November 4, 2005, was executed. The new agreement has now been filed as Exhibit 10.14
and supersedes the previous agreement in its entirety.
If
you have any questions or comments, please do not hesitate to contact me at (515) 242-2477.
Sincerely,
/s/ MIRANDA L. HUGHES
Miranda L. Hughes
MLH:hs
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