UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS
This Current Report on Form 8-K and other reports filed by us from time to time with the Securities and Exchange Commission (collectively the “Filings”) contain or may contain forward-looking statements and information that are based upon beliefs of, and information currently available to, our management as well as estimates and assumptions made by our management. When used in the filings the words “anticipate”, “believe”, “estimate”, “expect”, “future”, “intend”, “plan” or the negative of these terms and similar expressions as they relate to us or our management identify forward looking statements. Such statements reflect the current view of our management with respect to future events and are subject to risks, uncertainties, assumptions and other factors (including the risks contained in the section of this report entitled “Risk Factors”) as they relate to our industry, our operations and results of operations, and any businesses that we may acquire. Should one or more of the events described in these risk factors materialize, or should our underlying assumptions prove incorrect, actual results may differ significantly from those anticipated, believed, estimated, expected, intended or planned.
Although we believe that the expectations reflected in the forward-looking statements are reasonable, we cannot guarantee future results, levels of activity, performance or achievements. Except as required by applicable law, including the U.S. federal securities laws, we do not intend to update any of the forward-looking statements to conform them to actual results. The following discussion should be read in conjunction with our pro forma financial statements and the related notes that will be filed herein.
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Item 8.01 Other Events.
As previously disclosed, Evergreen Sustainable Enterprises, Inc.’s (the “Company”) wholly-owned subsidiary, GENH Halcyon Acquisition, LLC (f/k/a Halcyon Thruput, LLC)(“Halcyon”) is a plaintiff in a lawsuit in the United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:21-CV-3136-K against United National Insurance Company (“UNIC”) regarding a claim under an all-risks commercial insurance policy (the “Action”).
On June 7, 2023, Halcyon received a ruling in that Action in an Umpire Report issued the prior day by an Umpire appointed by the Honorable Ed Kinkeade, the United States District Judge presiding over this Action. The Umpire was directed by Judge Kinkeade to address the appraisal of damages in this Action on April 20, 2023. The Umpire Report sets forth the Umpire’s determination of the requested appraisal for damage, loss, and repairs in a claim against UNIC. The Umpire Report found in favor of Halcyon and determined the appropriate measure of damages is $1,498,848.00. A portion of those damages, as previously disclosed by the Company, were previously received from UNIC.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, Evergreen Sustainable Enterprises, Inc. has duly caused this current report to be signed on its behalf by the undersigned hereunto duly authorized.
| EVERGREEN SUSTAINABLE ENTERPRISES, INC. | ||
| Date: July 13, 2023 | By: | /s/ Gary C. Evans |
| Gary C. Evans | ||
| Chief Executive Officer | ||
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