Integrated Electrical Services Reports Agreements for Settlement of Litigation Matters and Amendment to Its Revolving Credit Fac
November 14 2005 - 6:00AM
PR Newswire (US)
HOUSTON, Nov. 14 /PRNewswire-FirstCall/ -- Integrated Electrical
Services, Inc. (NYSE:IES) announced today that it has agreed to a
settlement amount in two pending lawsuits. The first is the
agreement to settle litigation related to the jury verdict
announced on April 24, 2005, in favor of the Company, that was over
a contract dispute involving a subsidiary. It is anticipated the
settlement amount of $7.25 million will be paid to the Company,
subject to agreement on the final settlement documents, this month.
Additionally, the Company settled an outstanding prevailing wage
case that was pending against a closed subsidiary. That settlement
amount of $2.325 million will be paid by the Company. It is
anticipated that a payment of $1.5 million will be made December 1,
2005 with the remaining amount due on or before May 1, 2006.
Additionally, on November 11, 2005, IES and certain of its
subsidiaries entered into an amendment to the Company's $80 million
revolving credit facility with Bank of America, N.A. The amendment
eliminates the application of the Fixed Charge Coverage Ratio test
for the periods ended September 30, 2005 and October 31, 2005. In
addition, the amendment requires that the Company maintain a
minimum borrowing availability under the facility of at least $12
million, or if availability falls below $12 million, the Company
must provide cash collateral in the amount of the shortfall. As of
November 11, 2005, availability under this facility was $14.7
million. As of the same date, the Company's cash position was $26.3
million. The Fixed Charge Coverage Ratio Test is a cumulative test
beginning July 1, 2005. Based on preliminary results for September,
which the Company is still reviewing as part of completing its year
end audit, and the impact of results for September on the
cumulative nature of the test, the Company believes that it will be
necessary to enter into another amendment to the credit facility
before December 30, 2005 for the purpose of further amending the
required Fixed Charge Coverage Ratio. The amendment also provides
that the interest rate applicable to the Company's obligations
under the credit facility will be increased by 50 basis points
during the period ending on the earlier of March 31, 2006 or such
time as the Lender syndicates the credit facility. The interest
rate in effect thereafter remains unchanged. The Company continues
to pursue initiatives and discussions with third parties related to
its previously announced intention to take steps to strengthen its
balance sheet, including exploring alternatives to refinance or
de-lever all or a part of its long term debt. "As we undertake this
process, we appreciate the continued support our customers,
vendors, employees, creditors and investors have shown us," said
Byron Snyder, Chief Executive Officer. "We are working to address
these issues as expeditiously as possible but realize that the
solution will not be achieved overnight. Settling these litigation
matters not only has a positive cash impact on IES, it allows
management to focus more closely on the activities at hand,
including the completion of the annual audit and issuance of our
annual report on Form 10-K, which the Company expects to file
timely on or about December 14, 2005." This press release includes
certain statements that may be deemed to be "forward-looking
statements" within the meaning of the Private Securities Litigation
Reform Act of 1995. These statements are based on the Company's
expectations and involve risks and uncertainties that could cause
the Company's actual results to differ materially from those set
forth in the statements. Such risks and uncertainties include, but
are not limited to, the inherent uncertainties relating to
estimating future operating results or our ability to generate
sales, income, or cash flow, potential difficulty in addressing
material weaknesses in the Company's accounting systems that have
been identified to the Company by its independent auditors,
potential limitations on our ability to access the credit line
under our credit facility, litigation risks and uncertainties,
fluctuations in operating results because of downturns in levels of
construction, inaccurate estimates used in entering into and
executing contracts, difficulty in managing the operation of
existing entities, the high level of competition in the
construction industry, changes in interest rates, the general level
of the economy, level of competition from other electrical
contractors, increases in costs or limitations on availability of
labor, steel, copper and gasoline, limitations on the availability
and the increased costs of surety bonds required for certain
projects, inability to reach agreements with our surety companies
to provide sufficient bonding capacity, risk associated with
failure to provide surety bonds on jobs where we have commenced
work or are otherwise contractually obligated to provide surety
bonds, loss of key personnel, business disruption and costs
associated with the Securities and Exchange Commission
investigation and class action litigation, unexpected liabilities
associated with warranties or other liabilities attributable to the
retention of the legal structure of business units where we have
sold substantially all of the assets of the business unit,
inability to fulfill the terms or meet the required financial
covenants of the credit facility, difficulty in integrating new
types of work into existing subsidiaries, inability of subsidiaries
to incorporate new accounting, control and operating procedures,
inaccuracies in estimating revenues and percentage of completion on
contracts, disruptions or inability to effectively manage
opportunities related to Hurricane Katrina and Rita and the
expected increase in construction, inability to continue to satisfy
the listing requirements of the NYSE, inability to reach agreement
with our senior lender on amendments to the credit facility in
December and weather and seasonality. If the company is unable to
cause its previously filed S-1 in support of the Senior Convertible
Notes to become effective, penalty interest may apply under that
agreement. You should understand that the foregoing important
factors, in addition to those discussed in our other filings with
the Securities and Exchange Commission ("SEC"), including those
under the heading "Risk Factors" contained in our annual report on
Form 10-K for the fiscal year ended September 30, 2004, could
affect our future results and could cause results to differ
materially from those expressed in such forward-looking statements.
We undertake no obligation to publicly update or revise the
Company's borrowing availability, its cash position or any forward-
looking statements to reflect events or circumstances that may
arise after the date of this report. General information about us
can be found at http://www.ies-co.com/ under "Investor Relations."
Our annual report on Form 10-K, quarterly reports on Form 10-Q and
current reports on Form 8-K, as well as any amendments to those
reports, are available free of charge through our website as soon
as reasonably practicable after we file them with, or furnish them
to, the SEC. Contacts: C. Byron Snyder, Chairman and CEO Integrated
Electrical Services, Inc. 713-860-1500 Ken Dennard / Karen Roan /
DRG&E 713-529-6600 DATASOURCE: Integrated Electrical Services,
Inc. CONTACT: C. Byron Snyder, Chairman and CEO of Integrated
Electrical Services, Inc., +1-713-860-1500; or Ken Dennard, , or
Karen Roan, , both of DRG&E, +1-713-529-6600 Web site:
http://www.ies-co.com/
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