UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K/A
(Mark One)
x |
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the fiscal year ended September 30, 2002
OR
¨ |
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from
to .
Commission file number: 000-32453
INERGY, L.P.
(Exact name of registrant as specified in its charter)
| Delaware |
43-1918951 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification
No.) |
Two Brush Creek Boulevard, Suite 200, Kansas City, Missouri 64112
(Address of principal executive offices) (Zip Code)
(816) 842-8181
(Registrant’s telephone
number)
SECURITIES
REGISTERED UNDER SECTION 12(b) OF THE EXCHANGE ACT:
| Title of Each Class |
Name of Each Exchange on Which Registered | |
| None |
N/A |
SECURITIES REGISTERED UNDER
SECTION 12(g) OF THE EXCHANGE ACT:
Common Units representing limited partnership interests
(Title of Class)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such
shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No ¨
Indicate by check
mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in
Part III of this Form 10-K or any amendment to this Form 10-K. ¨
Indicate by check mark whether the registrant is an accelerated filer (as defined in Rule 12b-2 of the Act). Yes x No ¨
The aggregate market value of the 3,395,175 common units of the registrant held by non-affiliates computed by reference to the $28.05 closing price of such common units on
December 2, 2002, was approximately $95,235,000. The aggregate market value of the 2,192,896 common units of the registrant held by non-affiliates computed by reference to the $30.10 closing price of such common units on March 29, 2002, the last
business day of the registrant’s most recently completed second fiscal quarter, was approximately $66,006,000. As of December 2, 2002, the registrant had 3,827,176 common units outstanding.
DOCUMENTS INCORPORATED BY REFERENCE
Portions of the following documents are incorporated by reference into the indicated parts of this report: None.
Explanatory Note:
This amended Form 10-K (“Form 10-K/A”) of Inergy, L.P. for its fiscal year ended September 30, 2002 is filed with respect only to the Section 906 Certifications of Chief Executive Officer and
Chief Financial Officer. During the electronic submission of the Annual Report on Form 10-K of Inergy, L.P. filed with the Securities and Exchange Commission on December 26, 2002, the certifications were inadvertently omitted. The Section 302
Certifications of Chief Executive Officer and Chief Financial Officer were properly filed with the Annual Report on Form 10-K.
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Certification of Chief Executive Officer
I, John J. Sherman, President and Chief Executive Officer of the managing general partner of Inergy, L.P. (the “Company”), do
hereby certify, in accordance with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
(a) The Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2002, which this certification accompanies, fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and
(b) The information contained in the
Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2002, which this certification accompanies, fairly presents, in all material respects, the financial condition and results of operations of the Company.
Dated: December 26, 2002.
| /s/ John. J. Sherman |
||||
| John J. Sherman Presidentand Chief Executive Officer |
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Certification of Chief Financial Officer
I, R. Brooks Sherman, Jr., Senior Vice President and Chief Financial Officer of the managing general partner of
Inergy, L.P. (the “Company”), do hereby certify, in accordance with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
(a) The Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2002, which this certification accompanies, fully complies with
the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
(b) The information contained in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2002, which this certification accompanies, fairly presents, in all material respects, the financial condition and
results of operations of the Company.
Dated: December 26, 2002.
/s/ R. Brooks Sherman, Jr.
R. Brooks Sherman, Jr.
Senior Vice President and Chief Financial Officer
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SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
| INERGY, L.P. By Inergy GP, LLC (its managing
general partner) | ||||||||
| Dated: December 31, 2002 |
By: |
/s/ John J. Sherman | ||||||
| John J. Sherman, President | ||||||||
Pursuant to the requirements of the Securities Exchange Act of
1934, this report has been signed below by the following officers and directors of Inergy GP, LLC, as managing general partner of Inergy, L.P., the registrant, in the capacities and on the dates indicated.
| Date |
Signature and Title | |
| December 31, 2002 |
/s/ John. J. Sherman John J. Sherman, President, Chief Executive Officer and Director (Principal Executive Officer) | |
| December 31, 2002 |
/s/ R. Brooks Sherman, Jr. R. Brooks Sherman, Jr., Senior Vice President and Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer) | |
| December 31, 2002 |
/s/ Phillip L. Elbert Phillip L. Elbert, Director | |
| December 31, 2002 |
Richard C. Green, Jr., Director | |
| December 31, 2002 |
Warren H. Gfeller, Director | |
| December 31, 2002 |
/s/ David J. Schulte David J. Schulte, Director |
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