CHS Inc. (NASDAQ:CHSCL) Files An 8-K Results of Operations and Financial ConditionItem 2.02. Results of Operations and Financial Condition.
On November30, 2018, CHS Inc. (“CHS”) filed with the Securities and Exchange Commission (the “SEC”) a Form12b-25 Notification of Late Filing (the “Form12b-25”) with respect to its Annual Report on Form10-K for the year ended August31, 2018. In the Form12b-25, CHS stated the following:
A copy of the Form12b-25 is attached hereto as Exhibit99.1 and incorporated herein by reference.
to General Instruction B.2. to Form8-K, the information set forth in this Item 2.02 shall not be deemed “filed” for purposes of Section18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.
The foregoing contains “forward-looking statements” within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by words such as “anticipate,” “intend,” “plan,” “goal,” “seek,” “believe,” “project,” “estimate,” “expect,” “strategy,” “future,” “likely,” “may,” “should,” “will” and similar references to future periods. Such forward-looking statements include, but are not limited to, statements relating to expected results for the year ended August30, 2018 and impacts of the restatement of CHS’s consolidated financial statements. These forward-looking statements are subject to risks, uncertainties and other factors, including discovery of information in addition to or different from the information upon which such forward-looking statements are based. As a result of these matters, actual results may differ materially from those projected and the actual adjustments reflected in the restated financial statements to be issued by the Company may differ materially from the anticipated results expressed or implied in the forward-looking statements made in the foregoing discussion. Factors that could affect CHS’s actual results include the results of the continuing review into the employee misconduct described in the Form12b-25 and other various uncertainties disclosed in CHS’s reports filed with the SEC, including CHS’s Annual Report on Form10-K for the fiscal year ended August31, 2017. CHS urges readers to take such factors and the possibility of such differences into account in any consideration of the forward-looking statements included in the foregoing and not to place undue reliance on such statements. The forward-looking statements included in the foregoing are made only as of the date of hereof, and CHS undertakes no obligation to update any of these forward-looking statements to reflect subsequent events or circumstances.
Item 9.01. Financial Statements and Exhibits.