secwatch / observer
8-K filed July 24, 2023, 7:59 PM ET CIK 0001807707
other material confidence high sentiment negative materiality 0.95

AppHarvest, Inc.: going-concern / distress — AppHarvest files Chapter 11 bankruptcy, will sell substantially all assets; Nasdaq delisting notice received

AppHarvest, Inc.

Key facts

Extracted from this filing and checked against the source text.

Debt Financings SEC 8-K Item 2.03/2.04 confidence 0.9

AppHarvest, Inc. faced acceleration on credit facility with Greater Nevada Credit Union.

Instrument
credit facility
Counterparty
Greater Nevada Credit Union
Event
acceleration
Exact text from the filing
• that certain Credit Agreement, dated as of July 29, 2022, by and among Greater Nevada Credit Union (“ GNCU ”), AppHarvest Operations, Inc., and AppHarvest Pulaski Farm, LLC (as amended or supplemented prior to the date hereof)
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Debt Financings SEC 8-K Item 2.03/2.04 confidence 0.9

AppHarvest, Inc. faced acceleration on credit facility with Rabo AgriFinance LLC.

Instrument
credit facility
Counterparty
Rabo AgriFinance LLC
Event
acceleration
Exact text from the filing
• that certain Credit Agreement, dated as of June 15, 2021, by and between AppHarvest Morehead Farm, LLC, and Rabo AgriFinance LLC (“ Rabo ”), (as amended by that certain First Amendment to Master Credit Agreement, dated as of March 31, 2023 and as further amended or supplemented from time to time prior to the date hereof)
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Debt Financings SEC 8-K Item 2.03/2.04 confidence 0.9

AppHarvest, Inc. incurred loan of $2,690,000 with Equilibrium at 10.0% maturing July 24, 2023.

Instrument
loan
Principal
$2,690,000
Counterparty
Equilibrium
Rate
10.0%
Maturity
July 24, 2023
Event
incurrence
Exact text from the filing
On July 19, 2023, AppHarvest, Inc., (the “ Company ”) entered into a certain Secured Promissory Note and Loan Agreement (the “ Note ”) with Equilibrium (as defined below), pursuant to which Equilibrium agreed to provide the Company with a loan in the principal amount of $2,690,000 (the “ Bridge Loan ”). The Bridge Loan shall bear interest on the unpaid principal amount thereof at a rate per annum equal to 10.0% and has a maturity date of July 24, 2023.
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Debt Financings SEC 8-K Item 2.03/2.04 confidence 0.9

AppHarvest, Inc. faced acceleration on credit facility with Equilibrium.

Instrument
credit facility
Counterparty
Equilibrium
Event
acceleration
Exact text from the filing
• that certain Credit Agreement, dated as of July 23, 2021, by and between AppHarvest Richmond Farm, LLC and Equilibrium (as amended by that certain First Amendment to Credit Agreement, dated as of July 29, 2021, that certain Second Amendment to Credit Agreement, dated as of July 29, 2022, that certain Waiver and Third Amendment to Credit Agreement, dated as of December 21, 2022, and as further amended or supplemented from time to time prior to the date hereof)
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Distress & Bankruptcy SEC 8-K Item 1.03 confidence 0.9

AppHarvest, Inc. entered chapter 11 in United States Bankruptcy Court for the Southern District of Texas (petition 2023-07-23).

Proceeding
chapter 11
Court
United States Bankruptcy Court for the Southern District of Texas
Petition
2023-07-23
Exact text from the filing
On July 23, 2023, the Debtors named in Exhibit 99.1 filed voluntary petitions for relief under chapter 11 of Title 11 of the United States Code (the “ Bankruptcy Code ”) in the United States Bankruptcy Court for the Southern District of Texas (the “ Bankruptcy Court ”) thereby commencing chapter 11 cases for the Debtors (the “ Chapter 11 Cases ”).
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Source: SEC EDGAR
accession 0001807707-23-000104
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