UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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FORM
CURRENT REPORT
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Item 7.01Regulation FD Disclosure.
Catarina Midstream, LLC (“Catarina Midstream”), a wholly-owned subsidiary of Evolve Transition Infrastructure LP (together with Catarina Midstream, “Evolve”), is a party to that certain Firm Gathering and Processing Agreement, effective as of October 14, 2015, by and between Catarina Midstream and SN Catarina, LLC (“SN Catarina”), a wholly-owned subsidiary of Mesquite Energy, Inc. (together with SN Catarina, “Mesquite”) (as amended by Amendment No. 1 thereto, effective as of April 1, 2017, the “Gathering Agreement”).
As previously disclosed, on June 24, 2021, Evolve increased the tariff rate for interruptible throughput volumes (the “Increased Rate”) from the undedicated eastern portion of the acreage position of Mesquite in Dimmit, La Salle and Webb counties, Texas (“Eastern Catarina”). Notwithstanding the Increased Rate, Mesquite short-paid the invoice for July 2021 production and elected to pay the tariff rate in effect prior the June 24, 2021 increase. Evolve has been in discussions with Mesquite in an attempt to reach a commercial resolution for Eastern Catarina but the parties have not been able to reach a commercial resolution.
On August 30, 2021, Evolve filed for arbitration against Mesquite under the Non-Administered Arbitration Rules of the International Institute for Conflict Prevention and Resolution alleging breach of the Gathering Agreement and seeking a declaration confirming Evolve’s ability to set the tariff rate for interruptible volumes from Eastern Catarina.
The information included in this Item 7.01 shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (“Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
EVOLVE TRANSITION INFRASTRUCTURE LP | |||||||||||||
By: Evolve Transition Infrastructure GP LLC, | |||||||||||||
Date: August 30, 2021 | By: | /s/ Charles C. Ward | |||||||||||
Charles C. Ward | |||||||||||||
Chief Financial Officer and Secretary | |||||||||||||