SAExploration Announces Entry Into Forbearance Agreements, Additional Advances Under Its Credit Agreement and Repayment of Its 10% Senior Notes Due 2019
Under the terms of the Forbearance Agreements, the Forbearing Creditors have agreed to refrain from exercising all rights and remedies available to them under the debt agreements and applicable law as a result of the Company’s need to restate certain historical financial statements and other events of default that have occurred and other potential defaults or events of default that may occur as further specified in the Forbearance Agreements. The Forbearance Agreements will expire at
In connection with entering into the Forbearance Agreements, on
The Company is continuing its discussions with the Forbearing Creditors regarding a waiver of the events of default specified in the Forbearance Agreements. The Forbearing Creditors constitute the required percentage of holders to agree to any waivers or amendments to the relevant debt agreement. The Company expects that the Forbearance Agreements and the amendment to the ABL Agreement will allow these discussions to continue while the Company works to complete the restatement of its financial statements, as disclosed in the Company’s Current Reports on Form 8-K filed with the
SAE is an international oilfield services company offering a full range of vertically-integrated seismic data acquisition, data processing and interpretation, and logistical support services throughout
The information in SAE’s website is not, and shall not be deemed to be, a part of this notice or incorporated in filings SAE makes with the
Except for statements of historical fact, the matters discussed herein are “forward-looking statements” within the meaning of the applicable U.S. federal securities laws. The words “may,” “possible,” “estimates”, “expects,” “believes” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Forward-looking statements, including statements regarding the possible impact of the matters summarized in this press release, may or may not be realized, and differences between estimated results and those actually realized may be material.
Factors that could cause actual results to differ materially from those in the forward-looking statements include, but are not limited to, risks relating to known and unknown uncertainties, including:
- risks relating to the time it will take the Company to complete the previously announced restatement of its financial statements and remediate the related material weaknesses;
- the impact of the restatement and conclusion of the Company regarding the effectiveness of its internal controls and disclosure controls and procedures, among other things;
- additional risks may arise in the process of completing the restatement and related disclosures to be revised that are not knowable today;
- risks related to the Company’s debt agreements and events of default described above, including the risks that the holders of the debt do not provide waivers of the events of default and seek to accelerate the maturity date of the applicable debt and exercise other remedies, such as foreclosure, among other things;
- risks arising from the holders of the Company’s debt taking other actions against the Company, including by seeking a bankruptcy filing;
- the potential need for the Company itself to seek bankruptcy protection;
- costs and outcomes of pending and any future litigation;
- the impact that the disclosure in this press release, as well as possible future filings and disclosures may have on the Company’s business, including customers, employees and others;
- the time and expense required to complete the restatement, revised disclosures, respond to the
SECand for the Company to complete its own investigation, which expenses are likely to be material and are likely to have a material adverse impact on the Company’s cash balance, cash flow and liquidity; and
- other risks described more fully in the Company’s filings with the
SECthat relate to matters not covered in this press release.
Each of these risks, and the known and unknown consequences of these risks, could have a material negative impact on the Company, its business and prospects. As of the date of this press release, the Company cannot make any assurances regarding the impact or outcome of these risks. Forward-looking statements reflect the views of the Company as of the date hereof. The Company does not undertake to revise these statements to reflect subsequent developments, other than in compliance with U.S. federal securities laws and the Company’s determination that any such revised disclosure is necessary or advisable to do.
SAExploration Holdings, Inc. Ryan AbneyVice President, Finance (281) 258-4400 firstname.lastname@example.org
Source: SAExploration Holdings, Inc.