0001140361-14-038672.txt : 20141021 0001140361-14-038672.hdr.sgml : 20141021 20141021201407 ACCESSION NUMBER: 0001140361-14-038672 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20141017 FILED AS OF DATE: 20141021 DATE AS OF CHANGE: 20141021 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BioFuel Energy Corp. CENTRAL INDEX KEY: 0001373670 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL ORGANIC CHEMICALS [2860] IRS NUMBER: 205952523 FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1801 BROADWAY, SUITE 1060 CITY: DENVER STATE: CO ZIP: 80202 BUSINESS PHONE: 303-592-8110 MAIL ADDRESS: STREET 1: 1801 BROADWAY, SUITE 1060 CITY: DENVER STATE: CO ZIP: 80202 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: THIRD POINT PARTNERS QUALIFIED L P CENTRAL INDEX KEY: 0001341499 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33530 FILM NUMBER: 141166588 BUSINESS ADDRESS: STREET 1: 390 PARK AVE 18TH FL CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 212-407-6280 MAIL ADDRESS: STREET 1: 390 PARK AVE 18TH FL CITY: NEW YORK STATE: NY ZIP: 10022 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Third Point Ultra Master Fund L.P. CENTRAL INDEX KEY: 0001546187 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33530 FILM NUMBER: 141166589 BUSINESS ADDRESS: STREET 1: INTERNATIONAL FUND SERVICES IRELAND LTD. STREET 2: 78 SIR JOHN ROGERSON'S QUAY CITY: DUBLIN STATE: L2 ZIP: 2 BUSINESS PHONE: 212-715-3880 MAIL ADDRESS: STREET 1: INTERNATIONAL FUND SERVICES IRELAND LTD. STREET 2: 78 SIR JOHN ROGERSON'S QUAY CITY: DUBLIN STATE: L2 ZIP: 2 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Third Point Offshore Master Fund, L.P. CENTRAL INDEX KEY: 0001453151 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33530 FILM NUMBER: 141166590 BUSINESS ADDRESS: STREET 1: C/O WALKERS SPV LIMITED, WALKER HOUSE STREET 2: 87 MARY STREET CITY: GEORGE TOWN, GRAND CAYMAN STATE: E9 ZIP: KY1-9002 BUSINESS PHONE: 212-224-7400 MAIL ADDRESS: STREET 1: 390 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10022 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Third Point LLC CENTRAL INDEX KEY: 0001040273 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33530 FILM NUMBER: 141166592 BUSINESS ADDRESS: STREET 1: 390 PARK AVENUE STREET 2: 19TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 2122247400 MAIL ADDRESS: STREET 1: 390 PARK AVENUE STREET 2: 19TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 FORMER NAME: FORMER CONFORMED NAME: THIRD POINT MANAGEMENT CO LLC DATE OF NAME CHANGE: 19970602 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Loeb Daniel S CENTRAL INDEX KEY: 0001300345 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33530 FILM NUMBER: 141166593 MAIL ADDRESS: STREET 1: THIRD POINT MANAGEMENT COMPANY L.L.C. STREET 2: 360 MADISON AVENUE, 24TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: THIRD POINT PARTNERS LP CENTRAL INDEX KEY: 0001403112 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33530 FILM NUMBER: 141166591 BUSINESS ADDRESS: STREET 1: 390 PARK AVENUE STREET 2: 18TH FL CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 212-224-7400 MAIL ADDRESS: STREET 1: 390 PARK AVENUE STREET 2: 18TH FL CITY: NEW YORK STATE: NY ZIP: 10022 4 1 doc1.xml FORM 4 X0306 4 2014-10-17 0 0001373670 BioFuel Energy Corp. BIOF 0001300345 Loeb Daniel S 390 PARK AVENUE NEW YORK NY 10022 0 0 1 0 0001040273 Third Point LLC 390 PARK AVENUE NEW YORK NY 10022 1 0 0 0 0001403112 THIRD POINT PARTNERS LP 390 PARK AVENUE NEW YORK NY 10022 0 0 1 0 0001453151 Third Point Offshore Master Fund, L.P. 390 PARK AVENUE NEW YORK NY 10022 0 0 1 0 0001546187 Third Point Ultra Master Fund L.P. 390 PARK AVENUE NEW YORK NY 10022 0 0 1 0 0001341499 THIRD POINT PARTNERS QUALIFIED L P 390 PARK AVENUE NEW YORK NY 10022 0 0 1 0 Common Stock, par value $0.01 per share ("Common Stock") 2014-10-17 4 X 0 88718 5.00 A 99943 D Common Stock, par value $0.01 per share 2014-10-17 4 X 0 2341294 5.00 A 3384420 I See footnote Subscription Rights ("right to buy") 5.00 2014-10-17 4 X 0 88718 0 D 2014-09-15 2014-10-17 Common Stock 88718 0 D Subscription Rights ("right to buy") 5.00 2014-10-17 4 X 0 2341294 0 D 2014-09-15 2014-10-17 Common Stock 2341294 0 I See footnote The securities subject to the transactions disclosed in this Form 4 are owned by certain funds (the "Funds") managed by Third Point LLC ("Third Point"). Daniel S. Loeb is the Chief Executive Officer of Third Point. By reason of the provisions of Rule 16a-1 under the Securities Exchange Act of 1934, as amended, Third Point and Mr. Loeb may be deemed to be the beneficial owners of the securities beneficially owned by the Funds. Third Point and Mr. Loeb hereby disclaim beneficial ownership of all such securities, except to the extent of any indirect pecuniary interest therein. Third Point and Mr. Loeb each disclaims beneficial ownership of these securities except to the extent of any indirect pecuniary interest therein, and this report shall not be deemed to be an admission that Third Point or Mr. Loeb is the beneficial owner of these securities for purposes of Section 16 of the Securities and Exchange Act, as amended (the "Act"), and the rules promulgated thereunder or for any other purpose. Each of Third Point Partners L.P., Third Point Partners Qualified L.P., Third Point Offshore Master Fund L.P., and Third Point Ultra Master Fund L.P. hereby disclaims beneficial ownership of any securities reported herein other than those which it directly holds, for purposes of Section 16 of the Act and the rules promulgated thereunder or for any other purpose. Represents shares of Common Stock acquired upon the exercise of subscription rights allocated to Daniel S. Loeb. The acquisition of the subscription rights by Daniel S. Loeb was exempt from Section 16 by virtue of Rule 16a-9(b) and the purchase of shares of Common Stock by Daniel S. Loeb pursuant to the exercise of the subscription rights was exempt from Section 16(b) by virtue of Section 16b-6(b). Represents shares of Common Stock acquired upon the exercise of subscription rights allocated to the Funds. The acquisition of the subscription rights by the Funds was exempt from Section 16 by virtue of Rule 16a-9(b) and the purchase of shares of Common Stock by The Funds pursuant to the exercise of the subscription rights was exempt from Section 16(b) by virtue of Section 16b-6(b). List of Exhibits: Exhibit 99.1 - Joint Filer Information * The Power of Attorney given by Daniel S. Loeb is filed as Exhibit 99.2 to the Schedule 13D with respect to the issuer filed with the Securities and Exchange Corporation. Third Point LLC, By: Daniel S. Loeb, Chief Executive Officer, By: /s/ William Song, Attorney-in-Fact* 2014-10-21 Daniel S. Loeb, By: /s/ William Song, Attorney-in-Fact* 2014-10-21 Third Point Partners L.P., By: Third Point Advisors LLC, its General Partner, By: Daniel S. Loeb, Managing Member; By: /s/ William Song, Attorney-in-Fact* 2014-10-21 Third Point Partners Qualified L.P., By: Third Point Advisors LLC, its General Partner, By: Daniel S. Loeb, Managing Member, By: /s/ William Song, Attorney-in-Fact* 2014-10-21 Third Point Offshore Master Fund L.P., By: Third Point Advisors II LLC, its General Partner, By: Daniel S. Loeb, Managing Member, By: /s/ William Song, Attorney-in-Fact* 2014-10-21 Third Point Ultra Master Fund L.P., By: Third Point Advisors II LLC, its General Partner, By: Daniel S. Loeb, Managing Member, By: /s/ William Song, Attorney-in-Fact* 2014-10-21 EX-99.1 2 l13001619.htm JOINT FILER INFORMATION
 

Attachment to Form 4
JOINT FILER INFORMATION
Name and Address:
Third Point LLC
 
390 Park Avenue
 
New York, NY 10022
 
 
Date of Event Requiring Statement:
10/17/14
Issuer and Ticker Symbol:
BioFuel Energy Corp. [BIOF]
Relationship to Issuer:
10% Owner
Designated Filer:
Daniel S. Loeb
 
 
TABLE I INFORMATION
 
 
 
Title of Security:
Common Stock
Transaction Date:
October 17, 2014
Transaction Code:
X
Amount of Securities and Price:
2,341,294 at $5.00 per share
Securities Acquired (A) or Disposed of (D):
A
Amount of Securities Beneficially Owned
 
Following Reported Transactions:
3,384,420
Ownership Form:
I
Nature of Indirect Beneficial Ownership:
(1)
 
 
TABLE II INFORMATION
 
 
 
Title of Derivative Security:
Subscription Rights (“right to buy”)
Conversion or Exercise Price of
 
Derivative Security:
$5.00
Transaction Date:
October 17, 2014
Transaction Code:
X
Number of Derivative Securities Acquired (A) or
 
Disposed of (D):
2,341,294 (D)
Date Exercisable and Expiration Date:
September 15, 2014; October 17, 2014
Title and Amount of Underlying Securities:
Common Stock; 2,341,294
Price of Derivative Security:
$0
Number of Derivative Securities Beneficially
 
Owned Following Reported Transactions:
0
Ownership Form of Derivative Security:
I
Nature of Indirect Beneficial Ownership:
(1)
 

 



Name and Address:
Third Point Partners L.P
 
c/o Third Point LLC
 
390 Park Avenue
 
New York, NY 10022
 
 
Date of Event Requiring Statement:
10/17/14
Issuer and Ticker Symbol:
BioFuel Energy Corp. [BIOF]
Relationship to Issuer:
10% Owner
Designated Filer:
Daniel S. Loeb
 
 
TABLE I INFORMATION
 
 
 
Title of Security:
Common Stock
Transaction Date:
October 17, 2014
Transaction Code:
X
Amount of Securities and Price:
1,207,152 at $5.00 per share
Securities Acquired (A) or Disposed of (D):
A
Amount of Securities Beneficially Owned
 
Following Reported Transactions:
1,744,979
Ownership Form:
D
Nature of Indirect Beneficial Ownership:
N/A
 
 
TABLE II INFORMATION
 
 
 
Title of Derivative Security:
Subscription Rights (“right to buy”)
Conversion or Exercise Price of
 
Derivative Security:
$5.00
Transaction Date:
October 17, 2014
Transaction Code:
X
Number of Derivative Securities Acquired (A) or
 
Disposed of (D):
1,207,152 (D)
Date Exercisable and Expiration Date:
September 15, 2014; October 17, 2014
Title and Amount of Underlying Securities:
Common Stock; 1,207,152
Price of Derivative Security:
$0
Number of Derivative Securities Beneficially
 
Owned Following Reported Transactions:
0
Ownership Form of Derivative Security:
D
Nature of Indirect Beneficial Ownership:
N/A

 
 

 

Name and Address:
Third Point Partners Qualified L.P.
 
c/o Third Point LLC
 
390 Park Avenue
 
New York, NY 10022
 
 
Date of Event Requiring Statement:
10/17/14
Issuer and Ticker Symbol:
BioFuel Energy Corp. [BIOF]
Relationship to Issuer:
10% Owner
Designated Filer:
Daniel S. Loeb
 
 
TABLE I INFORMATION
 
 
 
Title of Security:
Common Stock
Transaction Date:
October 17, 2014
Transaction Code:
X
Amount of Securities and Price:
765,008 at $5.00 per share
Securities Acquired (A) or Disposed of (D):
A
Amount of Securities Beneficially Owned
 
Following Reported Transactions:
1,105,845
Ownership Form:
D
Nature of Indirect Beneficial Ownership:
N/A
 
 
TABLE II INFORMATION
 
 
 
Title of Derivative Security:
Subscription Rights (“right to buy”)
Conversion or Exercise Price of
 
Derivative Security:
$5.00
Transaction Date:
October 17, 2014
Transaction Code:
X
Number of Derivative Securities Acquired (A) or
 
Disposed of (D):
765,008 (D)
Date Exercisable and Expiration Date:
September 15, 2014; October 17, 2014
Title and Amount of Underlying Securities:
Common Stock; 765,008
Price of Derivative Security:
$0
Number of Derivative Securities Beneficially
 
Owned Following Reported Transactions:
0
Ownership Form of Derivative Security:
D
Nature of Indirect Beneficial Ownership:
N/A

 
 

 

Name and Address:
Third Point Offshore Master Fund L.P.
 
c/o Third Point LLC
 
390 Park Avenue
 
New York, NY 10022
 
 
Date of Event Requiring Statement:
10/17/14
Issuer and Ticker Symbol:
BioFuel Energy Corp. [BIOF]
Relationship to Issuer:
10% Owner
Designated Filer:
Daniel S. Loeb
 
 
TABLE I INFORMATION
 
 
 
Title of Security:
Common Stock
Transaction Date:
October 17, 2014
Transaction Code:
X
Amount of Securities and Price:
292,283 at $5.00 per share
Securities Acquired (A) or Disposed of (D):
A
Amount of Securities Beneficially Owned
 
Following Reported Transactions:
422,505
Ownership Form:
D
Nature of Indirect Beneficial Ownership:
N/A
 
 
TABLE II INFORMATION
 
 
 
Title of Derivative Security:
Subscription Rights (“right to buy”)
Conversion or Exercise Price of
 
Derivative Security:
$5.00
Transaction Date:
October 17, 2014
Transaction Code:
X
Number of Derivative Securities Acquired (A) or
 
Disposed of (D):
292,283 (D)
Date Exercisable and Expiration Date:
September 15, 2014; October 17, 2014
Title and Amount of Underlying Securities:
Common Stock; 292,283
Price of Derivative Security:
$0
Number of Derivative Securities Beneficially
 
Owned Following Reported Transactions:
0
Ownership Form of Derivative Security:
D
Nature of Indirect Beneficial Ownership:
N/A

 
 
 

 

Name and Address:
Third Point Ultra Master Fund L.P.
 
c/o Third Point LLC
 
390 Park Avenue
 
New York, NY 10022
 
 
Date of Event Requiring Statement:
10/17/14
Issuer and Ticker Symbol:
BioFuel Energy Corp. [BIOF]
Relationship to Issuer:
10% Owner
Designated Filer:
Daniel S. Loeb
 
 
TABLE I INFORMATION
 
 
 
Title of Security:
Common Stock
Transaction Date:
October 17, 2014
Transaction Code:
X
Amount of Securities and Price:
76,851 at $5.00 per share
Securities Acquired (A) or Disposed of (D):
A
Amount of Securities Beneficially Owned
 
Following Reported Transactions:
111,091
Ownership Form:
D
Nature of Indirect Beneficial Ownership:
N/A
 
 
TABLE II INFORMATION
 
 
 
Title of Derivative Security:
Subscription Rights (“right to buy”)
Conversion or Exercise Price of
 
Derivative Security:
$5.00
Transaction Date:
October 17, 2014
Transaction Code:
X
Number of Derivative Securities Acquired (A) or
 
Disposed of (D):
76,851 (D)
Date Exercisable and Expiration Date:
September 15, 2014; October 17, 2014
Title and Amount of Underlying Securities:
Common Stock; 76,851
Price of Derivative Security:
$0
Number of Derivative Securities Beneficially
 
Owned Following Reported Transactions:
0
Ownership Form of Derivative Security:
D
Nature of Indirect Beneficial Ownership:
N/A