SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
Loeb Daniel S

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
BioFuel Energy Corp. [ BIOF ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director X 10% Owner
Officer (give title below) Other (specify below)
3. Date of Earliest Transaction (Month/Day/Year)
08/30/2012
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
Form filed by One Reporting Person
X Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock, par value $0.01 per share 11,224 D
Common Stock, par value $0.01 per share 08/30/2012 J (3) 34,691 A (3) 1,043,123 I See footnotes (1) (2)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
1. Name and Address of Reporting Person*
Loeb Daniel S

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
1. Name and Address of Reporting Person*
Third Point LLC

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
1. Name and Address of Reporting Person*
THIRD POINT PARTNERS LP

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
1. Name and Address of Reporting Person*
THIRD POINT PARTNERS QUALIFIED L P

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
1. Name and Address of Reporting Person*
Third Point Offshore Master Fund, L.P.

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
1. Name and Address of Reporting Person*
Third Point Ultra Master Fund L.P.

(Last) (First) (Middle)
390 PARK AVENUE

(Street)
NEW YORK NY 10022

(City) (State) (Zip)
Explanation of Responses:
1. Third Point LLC ("Third Point") is investment manager or adviser to a variety of hedge funds and managed accounts (the "Funds"). Mr. Loeb is the Chief Executive Officer of Third Point, and 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.
2. 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.
3. Represents shares of Common Stock acquired by the Reporting Persons on August 30, 2012 for no additional current consideration in accordance with the terms of an ownership "true-up" agreement entered into among certain principal stockholders of the Issuer, pursuant to which certain management members and affiliates of Third Point LLC and Greenlight Inc. agreed to exchange Units, shares of Common Stock or cash at a future date, depending on the Issuer's performance. This arrangement is more fully described in the Issuer's Registration Statement on Form S-1/A, filed with the Commission on April 23, 2007 and in subsequent periodic reports filed by the Issuer under the Act.
Remarks:
Joint Filer Information: See Exhibits 99.1, 99.2, 99.3, 99.4, and 99.5. * 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 Commission by Third Point LLC and Mr. Loeb on July 18, 2008.
Third Point LLC, By: Daniel S. Loeb, Chief Executive Officer, By: /s/ William Song, Attorney-in-Fact* 08/31/2012
Daniel S. Loeb, By: /s/ William Song, Attorney-in-Fact* 08/31/2012
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* 08/31/2012
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* 08/31/2012
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* 08/31/2012
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* 08/31/2012
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
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