SHORT-TERM AND LONG-TERM DEBT | 12. SHORT-TERM AND LONG-TERM DEBT Operating Line of Credit On July 13, 2022, the Company received a one-year extension on its $15.0 million operating line of credit effective June 28, 2022. The interest rate on the line of credit is the “ Wall Street Journal The line of credit has a $12.5 million component and a $2.5 million component with additional borrowing requirements. Based on the borrowing base calculation, the Company borrowed all $12.5 million available on the line of credit as of December 31, 2022 and September 30, 2022. The Company did not meet the requirements to borrow any from the $2.5 million component. On January 19, 2023, the Company received an amendment to the agreement which increased the line of credit to $30.0 million. The maturity date remains June 28, 2023, with a variable interest rate equal to the “Wall Street Journal” Prime Rate with a floor of 4.5%. The modified financial covenants for the quarter ended December 31, 2022, and all subsequent quarters, are below: ● Minimum tangible net worth of $28.0 million, ● Minimum traditional debt service coverage of 1.50x on a rolling twelve- month basis, ● Minimum current ratio of 1.20x , ● Maximum debt to tangible net worth ratio (“TNW”) of 2.75x , ● Each ratio and covenant shall be determined, tested, and measured as of each calendar quarter beginning December 31, 2022, ● The Company shall maintain a ratio of Maximum Senior Funded Debt (“SFD”) to Earnings before Interest, Taxes, Depreciation and Amortization (“EBDITA”) equal to or less than 3.5 :1. SFD shall mean any funded debt or lease of the Company, other than subordinated debt. The covenant shall be tested quarterly, as of the end of each fiscal quarter, with EBITDA based on the preceding four quarters. The Company was in compliance with all covenants at December 31, 2022, and the Company projects to meet all covenant requirements for the next twelve months. Insurance Premiums Financed The Company also finances insurance policy premiums on a short-term basis through a financing company. These insurance policies include workers’ compensation, general liability, automobile, umbrella, and equipment policies. The Company makes a down payment in January and finances the remaining premium amount over eleven monthly payments. At December 31, 2022 and September 30, 2022, respectively, the remaining balance of the insurance premiums was $0 and $580,000. Paycheck Protection Program Loans 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 recorded a short-term borrowing due to the SBA inquiry for the full $9.8 million, plus accrued interest for all periods presented. A summary of short-term and long-term debt as of December 31, 2022, and September 30, 2022, is as follows: As restated As restated December 31, September 30, 2022 2022 Line of credit payable to bank, monthly interest at 7.75% , final payment due by June 28, 2023, guaranteed by certain directors of the Company. $ 12,500,000 $ 12,500,000 Paycheck Protection Program loans from Small Business Administration, including 1.0% simple interest, initially forgiven in the fiscal year ended September 30, 2021. Final forgiveness decision has not been determined. 10,109,675 10,084,531 Notes payable to finance companies, due in monthly installments totaling $32,000 at December 31, 2022 and $60,000 at September 30, 2022, including interest ranging from 0.00% to 6.03% , final payments due January 2023 through August 2026, secured by equipment. 776,551 889,165 Note payable to finance company for insurance premiums financed, due in monthly installments totaling $282,000 in FY 2022 and $272,000 in FY 2021, including interest rate at 3.50% , final payment due November 2022. — 580,320 Notes payable to bank, due in monthly installments totaling $7,848 , including interest at 4.82% , final payment due November 2034 secured by building and property. 854,087 867,383 Notes payable to bank, due in monthly installments totaling $12,464 , including interest at 8.75% , final payment due November 2025 secured by building and property, guaranteed by certain directors of the Company. 374,201 412,917 Notes payable to bank, due in monthly installments totaling $59,932 , including fixed interest at 6.0% , final payment due October 2027 secured by receivables and equipment, guaranteed by certain directors of the Company. 3,011,436 — Notes payable to David Bolton and Daniel Bolton, due in annual installments totaling $500,000 , including fixed interest at 3.25% , final payment due December 31, 2026, unsecured. 1,637,500 2,380,000 Notes payable to bank, due in monthly installments totaling $68,073 , including interest at 8.75% , beginning February 2022 with final payment due September 2026, secured by equipment, guaranteed by certain directors of the Company. 2,391,154 2,549,281 Term notes payable to United Bank, Tri-State Paving acquisition, due in monthly installments of $140,000 , including fixed interest at 4.50% , final payment due by June 1, 2027, secured by receivables and equipment, guaranteed by certain directors of the Company. 6,666,246 6,982,097 Notes payable to Corns Enterprises, due in annual installments totaling $250,000 , including fixed interest at 3.50% , final payment due April 29, 2026, unsecured. 946,935 943,836 Total debt $ 41,629,486 $ 40,718,951 Less current maturities 27,184,735 27,224,867 Total long-term debt $ 14,444,751 $ 13,494,084 |