Arq, Inc. current report, 19 September 2013

Business Context and Reporting Period

This Form 8-K was filed by Advanced Emissions Solutions, Inc. (ADES) on September 19, 2013. The report details the establishment of two new credit facilities involving ADES and its subsidiaries to support working capital and specific operational obligations within its Emission Control business.

Key Financial Metrics and Debt

  • ADA-ES Loan Facility: A $10 million line of credit entered into on September 19, 2013, available until September 20, 2014.
  • CCSS Revolving Credit Facility: A $5 million agreement entered into on September 26, 2013, available until October 15, 2014. This includes a $1 million general revolver and two $2 million facilities for indemnification obligations.
  • Interest Rates: Both facilities bear interest at the greater of 5% or the U.S. prime rate plus 1%, payable monthly.
  • Collateral: The ADA facility is secured by payments from Refined Coal leases; the CCSS facility is secured by substantially all assets of CCSS.

Material Changes

The filing reports the execution of new debt instruments not present in prior periods. ADES has guaranteed the obligations of its wholly-owned subsidiary, ADA-ES, Inc., under the $10 million facility. Additionally, a new credit arrangement was established for Clean Coal Solutions Services, LLC (CCSS), an unconsolidated entity in which ADA holds a 50% interest.

Outlook, Risks, and Covenants

  • Usage: Funds are designated for working capital, letter of credit needs, and potential indemnification for boiler damage at specified power plants.
  • Covenants: Both agreements include affirmative and negative covenants. The ADA facility includes a borrowing base limitation based on the net present value of lease payments. The CCSS general revolver is limited to 75% of eligible accounts receivable.
  • Risks: The CCSS facility specifically addresses risks related to demonstrated boiler damage at two power plants.

Investor Verification Checklist

  • Verify the current utilization status of the $10 million ADA-ES line of credit.
  • Confirm the status of the Refined Coal leases securing the ADA facility.
  • Assess the exposure related to the $4 million indemnification portion of the CCSS facility.
  • Review the consolidated financial statements for the impact of the ADES guarantee on the $10 million facility.