UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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OMB APPROVAL
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OMB Number: 3235-0145
Expires: February 28, 2009
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BIOFUEL ENERGY CORP.
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(Name of Issuer)
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Shares of Common Stock, par value $0.01 per share
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(Title of Class of Securities)
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09064Y109
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(CUSIP Number)
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Greenlight Capital, L.L.C.
140 East 45th Street, Floor 24
New York, New York 10017
Tel. No.: (212) 973-1900
Attention: Chief Operating Officer
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(Name, Address and Telephone Number of Person Authorized to
Receive Notices and Communications)
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- with copies to -
Barry N. Hurwitz
Bingham McCutchen LLP
One Federal Street
Boston, MA 02110
(617) 951-8000
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July 15, 2014
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(Date of Event Which Requires Filing of this Statement)
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1
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Names of Reporting Persons.
Greenlight Capital, Inc.
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [ ]
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3
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SEC Use Only
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4
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Source of Funds (See Instructions):
AF, WC, OO
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5
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Check if disclosure of legal proceedings is required pursuant to Items 2(d) or 2(e):
[ ]
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6
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Citizenship or Place of Organization.
Delaware
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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7 Sole Voting Power
0
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8 Shared Voting Power
1,783,543
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9 Sole Dispositive Power
0
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10 Shared Dispositive Power
1,783,543
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11
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Aggregate Amount Beneficially Owned by Each Reporting Person
1,783,543
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12
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Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) [ ]
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13
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Percent of Class Represented by Amount in Row (11)
29.0%
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14
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Type of Reporting Person (See Instructions)
CO
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1
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Names of Reporting Persons.
DME Advisors GP, LLC
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [ ]
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3
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SEC Use Only
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4
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Source of Funds (See Instructions):
AF, WC, OO
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5
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Check if disclosure of legal proceedings is required pursuant to Items 2(d) or 2(e):
[ ]
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6
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Citizenship or Place of Organization.
Delaware
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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7 Sole Voting Power
0
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8 Shared Voting Power
425,244
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9 Sole Dispositive Power
0
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10 Shared Dispositive Power
425,244
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11
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Aggregate Amount Beneficially Owned by Each Reporting Person
425,244
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12
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Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) [ ]
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13
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Percent of Class Represented by Amount in Row (11)
7.7%
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14
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Type of Reporting Person (See Instructions)
OO
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1
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Names of Reporting Persons.
DME Advisors, L.P.
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [ ]
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3
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SEC Use Only
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4
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Source of Funds (See Instructions):
AF, WC, OO
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5
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Check if disclosure of legal proceedings is required pursuant to Items 2(d) or 2(e):
[ ]
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6
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Citizenship or Place of Organization.
Delaware
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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7 Sole Voting Power
0
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8 Shared Voting Power
265,747
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9 Sole Dispositive Power
0
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10 Shared Dispositive Power
265,747
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11
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Aggregate Amount Beneficially Owned by Each Reporting Person
265,747
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12
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Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) [ ]
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13
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Percent of Class Represented by Amount in Row (11)
4.9%
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14
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Type of Reporting Person (See Instructions)
PN
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1
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Names of Reporting Persons.
DME Capital Management, LP
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [ ]
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3
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SEC Use Only
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4
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Source of Funds (See Instructions):
AF, WC, OO
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5
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Check if disclosure of legal proceedings is required pursuant to Items 2(d) or 2(e):
[ ]
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6
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Citizenship or Place of Organization.
Delaware
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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7 Sole Voting Power
0
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8 Shared Voting Power
159,497
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9 Sole Dispositive Power
0
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10 Shared Dispositive Power
159,497
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11
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Aggregate Amount Beneficially Owned by Each Reporting Person
159,497
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12
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Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) [ ]
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13
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Percent of Class Represented by Amount in Row (11)
2.9%
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14
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Type of Reporting Person (See Instructions)
PN
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1
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Names of Reporting Persons.
David Einhorn
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2
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Check the Appropriate Box if a Member of a Group (See Instructions)
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(a) [ ]
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(b) [ ]
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3
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SEC Use Only
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4
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Source of Funds (See Instructions):
AF, WC, OO
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5
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Check if disclosure of legal proceedings is required pursuant to Items 2(d) or 2(e):
[ ]
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6
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Citizenship or Place of Organization.
USA
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Number
of Shares
Beneficially
Owned by
Each
Reporting
Person With
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7 Sole Voting Power
3,000
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8 Shared Voting Power
2,208,787
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9 Sole Dispositive Power
3,000
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10 Shared Dispositive Power
2,208,787
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11
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Aggregate Amount Beneficially Owned by Each Reporting Person
2,211,787
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12
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Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) [ ]
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13
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Percent of Class Represented by Amount in Row (11)
35.4%
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14
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Type of Reporting Person (See Instructions)
IN
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Exhibit 99.1
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The Commitment Agreement is incorporated herein by reference to Exhibit 10.6 to the Current Report on Form 8-K filed by the Issuer with the Commission on July 15, 2014.
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Exhibit 99.2
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The Joint Filing Agreement executed by and among the Reporting Persons as of March 28, 2014 is incorporated herein by reference to Exhibit 99.2 to Amendment No. 8 to Schedule 13D relating to shares of Common Stock of the Issuer, as filed by the Reporting Persons with the Commission on March 28, 2014.
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Greenlight Capital, Inc.
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By: |
/s/DANIEL ROITMAN
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Daniel Roitman
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Chief Operating Officer | |||
DME Advisors GP, L.L.C.
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By: |
/s/DANIEL ROITMAN
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Daniel Roitman
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Chief Operating Officer
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DME Advisors, L.P.
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By: |
/s/DANIEL ROITMAN
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Daniel Roitman
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Chief Operating Officer
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DME Capital Management, LP
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By: |
/s/DANIEL ROITMAN
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Daniel Roitman
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Chief Operating Officer
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/s/DANIEL ROITMAN**
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Daniel Roitman, on behalf of David Einhorn
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