A number of US law firms have announced investigations into Bristow Group on behalf of investors the move comes after the firm last week cast doubt on the validity of its own finances.
The company, which has a base in Aberdeen serving the oil and gas sector, saw its share price tumble last week after it reported “material weaknesses†in its financial reporting.
Several US legal firms have announced they are starting investigations into whether Bristow had violated federal securities laws or carried out any other unlawful business practices.
Those investigating include Glancy Prongay & Murray of Los Angeles, Block & Leviton of Boston and Levi & Korsinsky of New York.
Another, Kirby McInerney, issued a statement saying “this investigation concerns whether Bristow has violated federal securities laws and/or engaged in other unlawful business practicesâ€.
Following last week’s announcement, Bristow’s share price dropped 40% from $3.00 to $1.80. A massive drop from its peak in 2018 of $18.72
The firm, which employs around 900 people in the UK, said there would be no impact on its UK operations.
In a press release issued yesterday, the firm said the “weaknesses†in its financial reporting related to the removal of certain helicopter engines from pledged or leased airframes.
The firm said it is “continuing to assess†the impact of the issue on Bristow’s balance sheet and is working to “develop a remediation planâ€.
Yesterday, Bristow offered more specifics as to the “material weaknesses†in its internal controls it first revealed on February 11. The company said it is related to the fact that “certain pledged and leased helicopter engines were not matched to specific pledged or leased helicopter airframes or returned to such airframes within specified periods, as is required under certain of the secured financing and helicopter lease agreements.â€
According to Bristow, removal and replacement was part of its normal and ongoing maintenance operations. However, “since certain of those helicopter engines and airframes are pledged to lenders or leased from lessors, the removal of a pledged or leased engine from a pledged or leased airframe can create issues of non-compliance with certain of the secured financing and helicopter lease agreements.â€
Bristow said the issue affected a small number of its 385 helicopter engines subject to secured financing or helicopter leases, noting the issue was discovered and cured for all but nine engines related to three agreements before Dec. 31, 2018. Those engines were not returned to pledged airframes due to delays with certain maintenance service providers, Bristow said, adding that it had obtained non-compliance waivers under applicable agreements related to those engines.
The company said it needs to obtain waivers from secured equipment lenders and helicopter lessors related to non-compliance of non-financial covenants under related agreements as of Dec. 31, 2018 and prior periods. Without the waivers, certain debt balances would need to be reclassified from long-term to short-term under accounting rules.
Reclassifying the debt to short-term would require Bristow to insert a “going concern†warning in its current and applicable prior financial statements filed with the SEC. Certain equipment lending/lease covenants at Bristow require the filing of audited financial annual statements (Form 10-K) “without any going concern explanation or limitation.†If Bristow is forced to insert a “going concern†warning in prior financial statements, then a “going concern†waiver would need to be obtained from the appropriate lenders/lessors.
Bristow further said the delay in filing its latest quarterly report (Form 10-Q) could trigger a delisting warning from the New York Stock Exchange.
Photo is licensed under the Creative CommonsAttribution-Share Alike 2.0 Generic license. Author: Ronnie Robertson
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