RESTATEMENT OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS | 3. RESTATEMENT OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS On May 12, 2023, the audit committee of the Board of Directors of Energy Services, after considering the recommendation of management, concluded: that (a) the Company’s previously issued audited consolidated financial statements for the fiscal years ended September 30, 2022 and 2021 included in the Company’s annual reports on Form 10-K for the fiscal years ended September 30, 2022 and 2021, and (b) the Company’s unaudited consolidated financial statements for the periods ended June 30, 2021, December 31, 2021, March 31, 2022, June 30, 2022 and December 31, 2022 as reported in the Company’s quarterly reports on Form 10-Q for those periods (together, the “Reports”) should no longer be relied upon and have been restated. Due to the economic uncertainties created by COVID-19 and limited operating funds available, the Company applied for loans under the PPP. On April 15, 2020, the Company and its subsidiaries, C.J. Hughes, Contractors Rental, and Nitro, entered into separate PPP notes effective April 7, 2020, with its Lender in an aggregate principal amount of $13.1 million pursuant to the PPP Loans. In a special meeting held on April 27, 2020, the Board of Directors of the Company unanimously voted to return $3.3 million of the PPP Loans after discussing the financing needs of the Company and subsidiaries. That left the Company and subsidiaries with $9.8 million in PPP Loans to fund operations. During fiscal year 2021, the Company received notice that the SBA had granted forgiveness of the $9.8 million of PPP Loans and the SBA repaid the Lender in full. The forgiveness was recorded as other income for the fiscal year ended September 30, 2021. During April 2023, management received notification from the SBA that one of the Company’s forgiveness applications related to the PPP Loans was under review. As part of the review, the SBA requested additional payroll information. Additionally, the SBA requested information regarding the ability of the Company’s affiliates to meet SBA size standards and/or PPP corporate maximum limits. The requested information was subsequently provided to the SBA through the Lender. The Company recognizes that there is a possibility that the SBA could reverse its previous determination on the forgiveness of the PPP Loans. As a result of this uncertainty, the Company restated the previously issued financial statements of the Company that were included in the Reports. The Company has identified the misstatements described below, and this Amendment restates the previously issued financial statements of the Company and certain other related disclosures that were included in the Original Report. The Company has recorded a short-term borrowing due to the SBA inquiry for the full $9.8 million, plus accrued interest for all periods presented. Tables for the income statement impact “As previously reported” and “restated” for Payroll Protection Program loan forgiveness and interest expense for each period between June 30, 2021 and September 30, 2022 are below: Three Months Ended June 30, 2021 Nine Months Ended June 30, 2021 As Previously As Previously Reported Restated Change Reported Restated Change Interest expense $ 136,995 $ 161,866 $ 24,871 Interest expense $ 356,505 $ 477,034 $ 120,529 Net income (loss) 9,313,240 (646,389) (9,959,629) Net income (loss) 7,354,107 (2,605,522) (9,959,629) Three Months Ended September 30, 2021 Fiscal Year Ended September 30, 2021 As Previously As Previously Reported Restated Change Reported Restated Change Interest expense $ 200,815 $ 225,959 $ 25,144 Interest expense $ 557,320 $ 702,993 $ 145,673 Net income 1,743,148 1,718,004 (25,144) Net income (loss) 9,097,255 (887,518) (9,984,773) Three Months Ended December 31, 2021 As Previously Reported Restated Change Interest expense $ 197,559 $ 222,703 $ 25,144 Net income 1,170,980 1,145,836 (25,144) Three Months Ended March 31, 2022 Six Months Ended March 31, 2022 As Previously As Previously Reported Restated Change Reported Restated Change Interest expense $ 144,932 $ 169,530 $ 24,598 Interest expense $ 342,491 $ 392,233 $ 49,742 Net loss (585,803) (610,401) (24,598) Net income 585,177 535,435 (49,742) Three Months Ended June 30, 2022 Nine Months Ended June 30, 2022 As Previously As Previously Reported Restated Change Reported Restated Change Interest expense $ 206,394 $ 231,265 $ 24,871 Interest expense $ 548,885 $ 623,498 $ 74,613 Net income 1,622,114 1,597,243 (24,871) Net income 2,207,291 2,132,678 (74,613) Three Months Ended September 30, 2022 Fiscal Year Ended September 30, 2022 As Previously As Previously Reported Restated Change Reported Restated Change Interest expense $ 339,046 $ 364,191 $ 25,145 Interest expense $ 887,931 $ 987,689 $ 99,758 Net income 1,642,782 1,617,637 (25,145) Net income 3,850,073 3,750,315 (99,758) Tables for the balance sheet impact “As previously reported” and “restated” for lines of credit and short-term borrowings for each period end date between June 30, 2021 and September 30, 2022 are below: June 30, 2021 As Reported Restated Change Lines of credit and short-term borrowings $ 2,345,385 $ 12,305,014 $ 9,959,629 Shareholders' equity 32,946,386 22,986,757 (9,959,629) September 30, 2021 As Previously Reported Restated Change Lines of credit and short-term borrowings $ 5,040,250 $ 15,025,023 $ 9,984,773 Shareholders' equity 34,637,046 24,652,273 (9,984,773) December 31, 2021 As Previously Reported Restated Change Lines of credit and short-term borrowings $ 4,500,000 $ 14,509,917 $ 10,009,917 Shareholders' equity 34,597,764 24,587,847 (10,009,917) March 31, 2022 As Previously Reported Restated Change Lines of credit and short-term borrowings $ 2,236,362 $ 12,270,877 $ 10,034,515 Shareholders' equity 34,011,961 23,977,446 (10,034,515) June 30, 2022 As Previously Reported Restated Change Lines of credit and short-term borrowings $ 3,508,341 $ 13,567,727 $ 10,059,386 Shareholders' equity 36,682,293 26,622,907 (10,059,386) September 30, 2022 As Previously Reported Restated Change Lines of credit and short-term borrowings $ 13,080,320 $ 23,164,851 $ 10,084,531 Shareholders' equity 38,325,075 28,240,544 (10,084,531) |