Emerge Energy Services LP (NYSE:EMES) Files An 8-K Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

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Emerge Energy Services LP (NYSE:EMES) Files An 8-K Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Ruleor Standard; Transfer of Listing.

On April3, 2019, Emerge Energy Services, LP (the “Partnership”) received an expected notice from the New York Stock Exchange (the “NYSE”) indicating that the Partnership is not in compliance with the NYSE’s continued listing requirements under the timely filing criteria outlined in Section802.01E of the NYSE Listing Company Manuel due to the delay in filing the Partnership’s Annual Report on Form10-K for the fiscal year ended December31, 2018 (the “2018 Form10-K”).

As previously disclosed, the Partnership reported in a Form12b-25 filed with the Securities and Exchange Commission (“SEC”) on March19, 2019 that it was unable to file its 2018 Form10-K within the prescribed time period without unreasonable effort or expense.

In accordance with NYSE rules, the Partnership has contacted the NYSE to discuss the status of the 2018 Form10-K and issued a press release on April9, 2019 pertaining to the late filing, which has been included as Exhibit99.1 to this Form8-K. The Partnership intends to file its 2018 Form10-K as promptly as possible after its independent registered public accounting firm has completed its review and signoff.

The NYSE informed the Partnership that, under NYSE rules, the Partnership will have six months from the Form10-K due date of March18, 2019 to file the 2018 Form10-K with the SEC. The Partnership can regain compliance with the NYSE listing standards at any time prior to that date by filing its 2018 Form10-K. If the Partnership fails to file the 2018 Form10-K before the NYSE may grant, at its sole discretion, an extension of up to six additional months for the Partnership to regain compliance, depending on the specific circumstances. The NYSE notice also reserves the right to commence delisting proceedings at any time if circumstances warrant.

Item 8.01 Other Events.

On April9, 2019, the Partnership announced that the filing of its 2018 Form10-K did not occur by the extended April2, 2019 deadline. The Partnership continues to work diligently to complete the preparation of its consolidated financial statements in order to be in a position to file its 2018 Form10-K with the SEC as promptly as possible after its independent registered public accounting firm completes its review.

This Form8-K contains certain statements that are “forward-looking statements.” These statements can be identified by the use of forward-looking terminology including “may,” “believe,” “will,” “expect,” “anticipate,” or “estimate.” These forward-looking statements involve risks and uncertainties, and there can be no assurance that actual results will not differ materially from those expected by management of the Partnership. When considering these forward-looking statements, you should keep in mind the risk factors and other cautionary statements in the Partnership’s Annual Report on Form10-K for the year ended December31, 2017 filed with the SEC. The risk factors and other factors noted in the Annual Report could cause actual results to differ materially from those contained in any forward-looking statement. Except as required by law, the Partnership does not undertake any obligation to update or revise such forward-looking statements to reflect events or circumstances that occur after the date hereof.

Item 9.01 Financial Statements and Exhibits.

(d)Exhibits

Exhibit

Number

Description

99.1

Press Release dated April9, 2019.

Emerge Energy Services LP Exhibit
EX-99.1 2 a19-8100_1ex99d1.htm EX-99.1 Exhibit 99.1   Emerge Energy Services LP Receives Expected NYSE Notice Regarding Late Form 10-K Filing   Fort Worth,…
To view the full exhibit click here

About Emerge Energy Services LP (NYSE:EMES)

Emerge Energy Services LP owns, operates, acquires and develops a portfolio of energy service assets. The Company’s segments include Sand segment, Fuel segment and Corporate. The Company’s Sand segment consists of the production and sale of various grades of industrial sand primarily used in the extraction of oil and natural gas, as well as the production of building products and foundry materials. Its Fuel segment operates approximately two terminals and over two transmix processing facilities that are located in the Dallas-Fort Worth, Texas area and Birmingham, Alabama. In addition to refining transmix, the Fuel segment sells a suite of complementary fuel products and services, including third-party terminaling services, certain reclamation services and blending of renewable fuels. The Company’s other services include blending of renewable fuels into petroleum products, and the manufacture of biodiesel at its Birmingham facility.