Item 1.01Entry into a Material Definitive Agreement.
On
Among other things, the Final DIP Order approved, on a final basis, (i) the
Debtors' obtaining financing pursuant to the Superpriority Senior Secured
DebtorinPossession Credit Agreement, dated as of
The foregoing description of the DIP Credit Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the final, executed DIP Credit Agreement, as approved by the Final DIP Order, each of which are available on the docket of the Chapter 11 Cases, which can be accessed via PACER at https://www.pacer.gov. Additional information about the Chapter 11 Cases, including the DIP Credit Agreement, the Final DIP order and other motions, orders and other court filings relating to the Chapter 11 Cases, may be obtained by visiting http://dm.epiq11.com/Carbo or by calling 1-866-897-6433 (Toll Free) or 1-646-282-2500 (International).
Item 7.01Regulation FD Disclosure.
On
Management of CARBO prepared the Forecast as of
Neither the independent auditor of CARBO nor any other independent accountant has examined, compiled, or performed any procedures with respect to the Forecast. Accordingly, none has expressed any opinion or any other form of assurance on such information or its achievability and none assumes any responsibility for the Forecast. The Forecast (i) is speculative by its nature and was based upon numerous expectations, beliefs, opinions and assumptions which are inherently uncertain and many of which are beyond the control of CARBO and its subsidiaries and which may not prove to be accurate; (ii) may not reflect current results or future performance, which may be significantly more favorable or less favorable than as set forth in such information; and (iii) is not, and should not be regarded as, a representation that any of the expectations contained in, or forming a part of, the Forecast will be achieved.
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Except as required by law, CARBO does not currently intend to update or revise publicly the Forecast to reflect circumstances or other events occurring after the date thereof or to reflect the occurrence of future events. These considerations should be taken into account in reviewing the Forecast, which was prepared as of an earlier date. For additional information on certain of the factors that may cause actual future financial results to vary materially from the information presented in the Forecast, see the section of this Current Report entitled "Cautionary Note Regarding Forward Looking Statements" below.
The information contained in this Item 7.01, including Exhibit 99.1, shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, and shall not be deemed to be incorporated by reference into any of CARBO's filings under the Securities Act of 1933, as amended (the "Securities Act") or the Exchange Act, whether made before or after the date hereof and regardless of any general incorporation language in such filings, except to the extent expressly set forth by specific reference in such a filing. The filing of this Current Report (including the exhibits hereto or any information included herein or therein) shall not be deemed an admission as to the materiality of any information herein that is required to be disclosed solely by reason of Regulation FD.
Item 9.01Financial Statements and Exhibits.
(d) Exhibits. Exhibit Description 99.1 Permanent Financing Budget, prepared as ofMarch 26, 2020 .
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