Cypress Environmental Partners Announces Delay in Filing Form 10-K
April 01 2022 - 6:30AM
Business Wire
Today, Cypress Environmental Partners, L.P., (NYSE: CELP)
(“Cypress”) reported that it has filed a Form 12b-25 with the
Securities and Exchange Commission to provide notice of the late
filing of its Annual Report on Form 10-K (“Form 10-K”). Cypress
expects to file the Form 10-K on or before April 15, 2022. Cypress
continues to work with its lenders and their financial and legal
advisors regarding the credit agreement that matures on May 31,
2022. As disclosed in Cypress’s most recent Quarterly Report on
Form 10-Q in November 2021, Cypress can make no assurances that it
will be able to successfully extend the credit agreement beyond the
May 2022 maturity date on favorable terms, if at all.
If at the time of filing the Form 10-K, Cypress does not have a
credit facility that provides access to funding for at least 365
days, Cypress expects that the financial statements in its Form
10-K will disclose substantial doubt about its ability to continue
as a going concern, as defined under U.S. Generally Accepted
Accounting Principles. This condition would result in the auditor’s
report on the financial statements including a “going concern”
uncertainty paragraph, which would be an event of default of the
credit agreement.
Cypress remains in compliance with the terms of the credit
agreement and is in ongoing discussions with its lenders. Cypress
recently received and is considering a proposal for a consensual
process that included retaining investment bank Piper Sandler to
solicit potential debt and equity investors regarding their
interest in recapitalizing Cypress. Cypress also continues to
negotiate with plaintiffs’ lawyers to resolve litigation and
arbitration exposure regarding Fair Labor Standards Act claims and
associated indemnification demands from customers against whom some
such claims have been asserted. The ability to resolve such
exposure is an important factor in our ability to successfully
attract new capital without an in court restructuring. Cypress and
the lenders may pursue a number of options, including but not
limited to the possibility of a sale of the debt to a third party
or related party, or a court-supervised restructuring.
The New York Stock Exchange (the “NYSE”) continues to monitor
trading in Cypress’s common units for compliance with the NYSE’s
requirement of a $15 million market capitalization over 30 trading
days; the failure to satisfy this requirement would result in
immediate suspension and commencement of delisting procedures. It
is likely that Cypress’s common units would be delisted from the
NYSE in the event of any restructuring or liquidation proceeding.
Such a proceeding would also likely lead to Cypress’s common and
preferred equity having no value, given the amount of Cypress’s
senior secured debt.
Cypress and the lenders are fully aligned with the importance of
business continuity and normal operations to ensure ongoing
reliable service to Cypress’s customers. Cypress and the lenders
plan to complete the process described above without significant
disruption to customers, inspectors, and corporate employees.
ABOUT CYPRESS ENVIRONMENTAL PARTNERS, L.P.
Cypress Environmental Partners, L.P. is a master limited
partnership that provides essential environmental services to the
utility and energy industries, including pipeline &
infrastructure inspection, NDE testing, and in-line integrity
support services throughout the United States. Cypress also
provides environmental services to upstream and midstream energy
companies and their vendors in North Dakota, including water
treatment, hydrocarbon recovery, and disposal into EPA Class II
injection wells to protect our groundwater. Cypress works closely
with its customers to help them protect people, property, and the
environment, and to assist their compliance with increasingly
complex and strict rules and regulations. Cypress is headquartered
in Tulsa, Oklahoma.
CAUTIONARY STATEMENTS
This press release may contain or incorporate by reference
forward-looking statements as defined under the federal securities
laws regarding Cypress Environmental Partners, L.P., including
projections, estimates, forecasts, plans and objectives, including
statements regarding a possible forbearance agreement and a
possible restructuring involving Cypress. Although management
believes that expectations reflected in such forward-looking
statements are reasonable, no assurance can be given that such
expectations will prove to be correct. In addition, these
statements are subject to certain risks, uncertainties and other
assumptions that are difficult to predict and may be beyond
Cypress's control. If any of these risks or uncertainties
materialize, or if underlying assumptions prove incorrect,
Cypress's actual results may vary materially from what management
forecasted, anticipated, estimated, projected or expected.
The key risk factors that may have a direct bearing on Cypress's
results of operations and financial condition are described in
detail in the "Risk Factors" section of Cypress's most recently
filed annual report and subsequently filed quarterly reports with
the Securities and Exchange Commission. Investors are encouraged to
closely consider the disclosures and risk factors contained in
Cypress's annual and quarterly reports filed from time to time with
the Securities and Exchange Commission. The forward-looking
statements contained herein speak as of the date of this
announcement. Cypress undertakes no obligation to publicly update
or revise any forward-looking statements, whether as a result of
new information, future events or otherwise, except as required by
applicable securities laws. Information contained in this press
release is unaudited and subject to change.
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Investors: Cypress Environmental Partners, L.P. - Jeff Herbers –
Vice President & Chief Financial Officer
jeff.herbers@cypressenvironmental.biz or 918-947-5730.
Interested Capital Providers: Sanjiv Shah or Tim McEuen of Piper
Sandler & Co. at sanjiv.shah@psc.com or Tim.McEuen@psc.com,
respectively, or 713-236-9999.
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