UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
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If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
Crestwood Equity Partners LP (“Crestwood” or the “Partnership”) issued a press release on January 18, 2022 announcing that the board of directors (the “Board”) of Crestwood Equity GP LLC (the “General Partner”), the general partner of the Partnership, promoted Robert Halpin to President of the Partnership and Diaco Aviki to Executive Vice President, Chief Operating Officer of the Partnership effective January 18, 2022. As a result of Mr. Halpin’s promotion, Mr. Robert G. Phillips, who previously served as Chairman, President and Chief Executive Officer, will continue to serve as Chairman of the Board and Chief Executive Officer and Mr. Halpin will continue to serve in his prior role as Chief Financial Officer of the Partnership.
Mr. Halpin, age 37, has been with the Partnership and its predecessor since 2012 and in his time with Crestwood has played an integral role in the development and execution of its corporate and financial strategy. In his new role, Mr. Halpin will be responsible for leading all of Crestwood’s commercial, operations, engineering and project management, sustainability and financial activities.
In connection with Mr. Halpin’s appointment as President and Chief Financial Officer, the compensation committee of the Board approved the following compensation for Mr. Halpin, a base salary of $600,000.00 to be effective January 1, 2022, a target bonus of 120% of base salary an a target restricted unit equity award of 275% for the 2022 fiscal year granted and he will be eligible to receive awards of performance units comparable to the awards made to similarly situated executives.
In satisfaction of the disclosure required by Items 401(b) and 401(e) of Regulation S-K, the section of the Partnership’s Annual Report on Form 10-K for the year ended December 31, 2020, filed with the Securities and Exchange Commission on February 26, 2021, entitled “Directors and Executive Officers” is incorporated by reference herein. With respect to the disclosure required by Item 401(d) of Regulation S-K, there are no family relationships between Mr. Halpin and any director or executive officer of the Partnership. With respect to Item 404(a) of Regulation S-K, there are no relationships or related transactions between Mr. Halpin and the Partnership that would be required to be reported.
Diaco Aviki, age 48, formerly Senior Vice President of Business Development and Commercial Operations, has been with the Crestwood organization since 2017 and has played a critical role in the commercial success of Crestwood across its gathering and processing operations. In his new role, Mr. Aviki will be responsible for overseeing Crestwood’s commercial, business development, field operations, engineering and project management functions which primarily support the Partnership’s North American gathering and processing business. Prior to joining Crestwood, Mr. Aviki served as the Head of Midstream Commercial for BHP. With respect to the disclosure required by Item 401(d) of Regulation S-K, there are no family relationships between Mr. Aviki and any director or executive officer of the Partnership. With respect to Item 404(a) of Regulation S-K, there are no relationships or related transactions between Mr. Aviki and the Partnership that would be required to be reported.
In connection with Mr. Aviki’s appointment as Executive Vice President, Chief Operating Officer, Crestwood Operations LLC and Mr. Aviki entered into an Amended and Restated Employment Agreement (the “Employment Agreement”). The initial term of the Employment Agreement is one year from the effective date of such agreement, with automatic extensions for additional one-year periods unless either party provides at least thirty days’ advance written notice of non-renewal.
Mr. Aviki will receive an annual base salary of $400,000.00. In addition, for the 2022 bonus year, Mr. Aviki’s target annual bonus will be equal to 90% of his base salary and his target restricted unit grant level will be equal to 200% of his base salary and he will be eligible to receive awards of performance units comparable to the awards made to similarly situated executives.
Under the terms of the Employment Agreement, if Mr. Aviki’s employment is terminated without “employer cause” or Mr. Aviki resigns due to “employee cause” or Mr. Aviki’s employment terminates as a result of death or permanent disability, Mr. Aviki will be entitled to receive severance equal to two times the sum of his base salary and average annual bonus for the prior two years, payable in equal installments over an 18-month period following termination.
The foregoing description of the Employment Agreement is subject to, and is qualified in entirety by, the full text of the Employment Agreement, which is [attached hereto as Exhibit 10.1 and incorporated by reference into this Item 5.02.
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Item 7.01 | Regulation FD Disclosure. |
A copy of the press release announcing the executive officer appointments is furnished as Exhibit 99.1 to this Current Report and is incorporated herein by reference.
The information in this Item 7.01 (including the exhibit) shall not be deemed to be “filed” for purposes of Section 18 of the Exchange Act, or otherwise subject to the liabilities of that section and is not incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act.
Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits
Exhibit Number |
Exhibit Description | |
10.1 | Employment Agreement between Diaco Aviki and Crestwood Operations LLC, dated January 18, 2022. | |
99.1 | Press Release issued on January 18, 2022. | |
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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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.
CRESTWOOD EQUITY PARTNERS LP | ||||||
By: | Crestwood Equity GP LLC, its General Partner, | |||||
Date: January 18, 2022 | By: | /s/ Michael K. Post | ||||
Michael K. Post | ||||||
Vice President, Associate General Counsel and Corporate Secretary |
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Exhibit 10.1
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This Amended and Restated Employment Agreement (Agreement) is made and entered into on the 18th day of January, 2022 (the Effective Date), between Crestwood Operations LLC, a Delaware limited liability company (Employer), and Diaco Aviki (Employee) and amends and restates in its entirety that certain Employment Agreement dated October 26, 2020, between Employer and Employee.
W I T N E S S E T H:
WHEREAS, Employer desires to employ Employee, and Employee desires to be employed by Employer, pursuant to the terms and conditions set forth in this Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations contained herein, Employer and Employee agree as follows:
SECTION 1: EMPLOYMENT AND DUTIES.
1.1 Employer agrees to employ Employee, and Employee agrees to be employed solely by Employer, beginning as of the Effective Date and, except as set forth below, continuing through December 31, 2022 (the Initial Term), unless earlier terminated pursuant to Section 3 of this Agreement. Following expiration of the Initial Term, this Agreement will be automatically renewed for successive 1-year terms following the Initial Term (each, a Renewal Term and, together with the Initial Term, the Term) unless either party gives the other party no less than 30 days written notice prior to the expiration of the Term of such Partys intent not to renew the Agreement (a Notice of Non-Renewal). Notwithstanding the foregoing, the Term (including any Renewal Terms) and Employees employment pursuant to this Agreement may be terminated at any time as set forth below, subject to the terms of this Agreement. At the expiration of the Term following delivery of a Notice of Non-Renewal, Employees employment with Employer (and any affiliates or assignees of Employer) shall terminate, and this Agreement shall have no further force or effect except with respect to Employees obligations pursuant to Section 3.5.
1.2 Beginning as of the Effective Date, Employee shall be employed as Executive Vice President and Chief Operating Officer of Employer. Employee shall also serve in such other capacities as may be reasonably requested from time to time by Employer. Employee agrees to perform diligently and to the best of Employees abilities, and in a trustworthy, competent, businesslike, and efficient manner, the duties and services pertaining to any such position as reasonably determined by Employer, as well as such additional or different duties and services that Employee from time to time may be reasonably directed to perform by Employer. Employee shall, during the period of Employees employment by Employer, devote Employees full business time, energy, and best efforts to the business and affairs of Employer.
1.3 Employee shall at all times comply with and be subject to such policies and procedures that Employer or a Related Entity (as hereinafter defined) may establish from time to time for Employers executives and employees, including, without limitation, Employers Code of Business Conduct as adopted by Employer or a Related Entity and as amended from time to time (the Code of Business Conduct).
1.4 Employee may not engage or participate, directly or indirectly, in any other business, investment, or activity that (a) could interfere with Employees performance of Employees duties hereunder, (b) is contrary to the best interests of Employer, Crestwood Equity Partners, LP, Crestwood Midstream Partners, LP, or any of their respective subsidiaries (each a Related Entity), or (c) requires any significant portion of Employees business time. Notwithstanding the foregoing, the parties recognize that Employee may engage in passive personal investments and other non-competitive business activities that do not conflict with the business and affairs of Employer or any Related Entities or materially interfere with Employees performance of Employees duties hereunder.
1.5 Employee acknowledges and agrees that Employee has a fiduciary duty of loyalty, fidelity, and allegiance to act at all times in the best interests of Employer and the other Related Entities and to do no act that could, directly or indirectly, injure any such entitys business, interests, or reputation. In furtherance of the foregoing, Employee shall present to Employer all material business opportunities or ventures known to Employee, independently or with others, that are within the purposes of Employer or any Related Entity, including, without limitation, opportunities that may compete with Employer or a Related Entity or could reasonably be expected to be implemented by Employer or a Related Entity. It is agreed that any direct or indirect interest in connection with, or any benefit from, any outside activities, particularly commercial activities, which might in any way adversely affect Employer or any of the Related Entities involves a possible conflict of interest. In keeping with Employees fiduciary duties to Employer, Employee agrees that during the employment relationship Employee shall not knowingly become involved in a conflict of interest with Employer or any of the Related Entities, whether directly or indirectly through a spouse or other family member, or upon discovery thereof, allow such a conflict to continue. Moreover, Employee agrees that Employee shall disclose to Employer any facts which might involve such a conflict of interest that has not been approved in writing by Employer.
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SECTION 2: COMPENSATION AND BENEFITS.
2.1 Employees base salary during the Term shall be $400,000.00 per annum, subject to increase at the discretion of Employer (Base Salary), which shall be paid in accordance with Employers standard payroll practice. In addition to the Base Salary, Employee shall be eligible to receive a target bonus (a Bonus) in each calendar year during the Term, payable in accordance with and pursuant to Employers then current bonus plan. For the 2022 bonus year, the target bonus for Employee will be equal to 90% of the Base Salary and shall be subject to such terms and conditions as are established generally by Employer. Such factors may include, but is not limited to, the achievement by Employer of certain performance objectives and the companys achievement of certain key performance indicators established by the board of directors from time to time. Any bonus payment is further subject to the policies set forth from time to time by Employer relating to bonuses.
2.2 During the Term, Employee shall be eligible to receive annual awards under the terms of the Crestwood Equity Partners LP Long Term Incentive Plan and any successor plan thereto. For the 2022 grant cycle, the Employee shall receive (or has already received) an award of restricted units, with a total target equity grant level for Employee equal to 200% of Base Salary. These restricted units shall be subject to such terms and conditions as are established by Employer from time to time. Equity awards granted to Employee under the foregoing plan shall include provisions that provide for accelerated vesting in the event of a Change in Control, upon termination of Employees employment by Employer without Cause, or upon Employees resignation with Employee Cause (for purposes of this Section 2.2 only, each of Change in Control, Cause and Employee Cause to be as such terms are defined in the respective award agreements).
2.3 During the Term, Employer shall pay or reimburse Employee for all reasonable and customary business expenses actually incurred by Employee during the Term in the course of Employees employment; provided that such expenses are incurred and accounted for in accordance with Employers applicable policies and procedures. Employer shall provide to Employee officer/director liability insurance coverage to cover any claims that may be made arising from Employees past, present, or future activities on behalf of Employer or any Related Entity, in the same manner and of the same kind as such insurance is provided to the other officers and directors of Employer.
2.4 During the Term, Employer shall furnish Employee with such fringe benefit programs that are maintained by Employer and that are made available to Employers management generally, under the same terms as those provided to Employers management generally. Employee shall bear any tax effects or obligations stemming from any such policies and programs or their amounts.
2.5 Employee acknowledges that Employee shall have no vested rights under or in respect of Employees participation in any employee benefit program, plan, or coverage except as expressly provided under the terms thereof. Notwithstanding anything in this Agreement, it is specifically understood and agreed that Employer shall not be obligated to institute, maintain, or refrain from changing, amending, or discontinuing any employee benefit program, plan, or coverage applicable to Employee, so long as any such actions or inactions in this regard by Employer are similarly applicable to covered executive employees of Employer generally.
2.6 Employee shall be entitled to 5 weeks of paid vacation per calendar year, to be provided in accordance with Employers standard policy and to be taken at such time as mutually agreed by Employee and Employer.
SECTION 3: TERMINATION OF EMPLOYMENT AND EFFECTS OF SUCH
TERMINATION.
3.1 Termination Generally. Employees employment with Employer (a) shall be terminated prior to the end of the Term (i) upon the death of Employee, or (ii) upon Employees Permanent Disability (as defined below), and (b) may be terminated prior to the end of the Term (i) at any time by Employer upon notice to Employee, (ii) at any time by Employee upon thirty (30) days prior written notice to Employer, or (iii) at any time by Employee if Employee has Employee Cause and complies with the notice procedures described below. The date of termination is referred to herein as the Termination Date.
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3.2 Bad Leaver Termination. If Employees employment is terminated under any of the circumstances set forth in Section 3.2(a), Employee shall be entitled to receive only the benefits set forth in Section 3.2(b) below:
(a) Bad Leaver Conditions.
(i) Termination by Employer for Employer Cause. Employer termination of Employees employment for Employer Cause shall mean termination by Employer for any of the following: if Employee (a) has been indicted or convicted of, or has entered a plea of guilty or nolo contendere to, a felony charge or crime involving moral turpitude, or, in the course of Employees employment has engaged in fraudulent or criminal activity (whether or not prosecuted), (b) has failed to follow reasonable directions of Employer, provided that the foregoing failure shall not be Employer Cause if Employee in good faith believes that such direction is illegal and promptly so notifies the chief compliance officer or the chairman of the audit committee of the board of directors, (c) has failed to devote all of Employees professional time to Employer and affiliates of Employer, except as permitted by Employer, (d) has materially breached any policy or code of conduct of Employer, (e) has materially breached any provision of this Agreement or any other agreement between Employee and Employer or Related Entity, (f) has received a kickback or rebate of any fee or expense paid by Employer, (g) has engaged in the use of illegal drugs, the persistent excessive use of alcohol, or any other activity that materially impairs Employees ability to perform Employees duties hereunder or results in conduct bringing Employer or any Related Entity into substantial public disgrace or disrepute, or (h) engages in intentional, reckless, or grossly negligent conduct that has or is reasonably likely to have a material adverse effect on Employer or any Related Entity.
(ii) Employee Resignation. Employee resigns for any reason other than having Employee Cause (as defined below in Section 3.3(a)(i)).
(b) Bad Leaver Consequences.
(i) Employee shall be entitled to receive, within 30 days of the Termination Date or such shorter period as may be required by applicable state law, any Base Salary that was accrued (on a pro rata basis) but unpaid as of the Termination Date (Accrued Salary) and such other benefits provided to Employee pursuant to the terms of Employers employee benefit plans (which, for the avoidance of doubt, does not include any Bonus payments) that were accrued by Employer in its books and records, but not forfeited, cancelled, or previously paid, as of the Termination Date (Accrued Benefits, or, collectively with Accrued Salary, Accrued Compensation); and
(ii) Except for Accrued Compensation, Employee shall forfeit, from and after the Termination Date, Employees rights to any and all future compensation from Employer or any Related Entity to which Employee may be entitled and to all future benefits for which Employee may be eligible, in either case under this Agreement or otherwise, including without limitation any Bonus payments (including any earned but unpaid Bonus payments or portions thereof) that would have been payable had Employee remained employed through the date such Bonus payments would have been paid. Except for Accrued Compensation, Employers obligations to pay or provide Employee with future compensation or benefits shall fully and forever cease and terminate as of the Termination Date.
3.3 Good Leaver Termination. Subject to Section 3.8, if Employees employment is terminated under any of the circumstances set forth in Section 3.3(a), and Employee complies with the requirements of Section 3.7, Employee shall be entitled to receive Accrued Compensation as well as the benefits set forth in Section 3.3(b) below (Severance Benefits):
(a) Good Leaver Conditions.
(i) Employee Resignation with Employee Cause. Employee Cause will exist if one of the following occurs: (A) a substantial and continuing diminution in the nature of Employees responsibilities, including reporting to the President or CEO (provided, however, that a diminution in responsibilities as a result of Employer exercising its rights under Section 3.7 will trigger this provision); (B) a material breach by Employer of any material provision of this Agreement; (C) a material and continuing reduction in the aggregated total of Employees Base Salary, target term sheet Bonus potential and target equity percentage; (D) a reassignment by the Company of the Employees principal place of employment to a location more than fifty (50) miles from his principal place of employment on the Effective Date, but excluding normal business travel consistent with Employees duties, responsibilities and position. For Employee to terminate for Employee Cause: (i) Employer must be notified by Employee in writing within 30 days of the date Employee becomes aware of the event that would allow Employee to terminate employment for Employee Cause, with such notice setting forth such event in reasonable detail; (ii) the event must remain uncorrected by Employer for 30 days following Employers receipt of such notice (the Notice Period); and (iii) such termination must occur within 30 days after the expiration of the Notice Period.
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(ii) Employer Termination without Cause. Employer Termination without Cause shall mean termination by Employer for any reason other than for Employer Cause.
(iii) Death. Death shall mean Employees death.
(iv) Permanent Disability. Termination due to Employees Permanent Disability shall mean the inability of Employee, with or without reasonable accommodation, by reason of illness, incapacity, or other disability, to perform Employees duties or fulfill Employees employment obligations to Employer, as determined by Employers Senior Executive Committee and as certified in writing by a competent medical physician chosen by such Senior Executive Committee, for a cumulative total of 180 days in any 12 month period; provided, however, that such period of absence may be extended if required by applicable law.
(b) Good Leaver Consequences.
(i) A severance payment determined and calculated as of the Termination Date equal to the product of two times the sum of (A) the then current annual Base Salary plus (B) the average of the annual Bonus paid to Employee for the prior two-year period, (C) Company paid COBRA for 18 months, (D) and any unvested outstanding equity awards issued to Employee by any Related Entity shall vest as of the date of termination of employment, including any awards relating to the Cash Bonus to Equity program. The severance payment shall be paid in equal installments in accordance with Employers normal payroll procedures over the period commencing on the Termination Date and ending on the date that is 18 months following the Termination Date; provided, however that if (1) Employee serves a Severance Waiver Notice in accordance with Section 4.1 or (2) Employee violates any of the covenants set forth in this Agreement or in any separation agreement, general release, or similar agreement with Employer or if Employee asserts that the obligations set forth Section 4.1 or Section 4.2 are unreasonable or seeks to modify them before any tribunal, Employee shall thereafter forfeit the right to receive any further severance payment installments payable hereunder. For the avoidance of doubt, Employer shall not have the right to claw back any previously paid severance payments and any vested equity.
(ii) Except as set forth in this Section 3.3(b) and as provided in Section 2.2, from and after the Termination Date, (A) Employee forfeits Employees rights to any and all compensation from Employer or any Related Entity to which Employee may be entitled and to all future benefits for which Employee may be eligible, in either case under this Agreement or otherwise, including without limitation any Bonus payments (excluding Employees Bonus payment for the calendar year of termination, pro-rated for the portion of the calendar year of termination during which Employee was employed by Employer, such pro-rated Bonus to be payable on the date that such bonuses are otherwise paid by Employer to its employees), and (B) Employers obligations to pay or provide Employee with any such future compensation or future benefits shall fully and forever cease and terminate.
(iii) If Employees employment is terminated by reason of Employees death, Employees estate will be entitled to payment of all amounts due under Section 3.3(b). If Employees employment is terminated because of Employees Permanent Disability, Employees legal guardian will be entitled to payment of the amounts due under Section 3.3(b) in accordance with the terms and conditions set forth therein.
3.4 Expiration. If the Agreement expires and Employees employment terminates as a result of the delivery of a Notice of Non-Renewal by Employer to Employee, Employee shall be entitled to receive the Severance Benefits provided pursuant to the terms and conditions of Section 3.3(b); provided, however, that if Employer terminates the Agreement and Employees employment for Employer Cause following Employees delivery of a Notice of Non-Renewal but prior to the expiration of the Term, or Employee refuses to remain employed through the expiration of the Term, Employee shall forfeit and not be entitled to the Severance Benefits. If the Agreement expires and Employees employment terminates as a result of the delivery of a Notice of Non-Renewal by Employee to Employer, Employee shall only be entitled to receive the Accrued Compensation pursuant to the terms and conditions of Section 3.2(b).
3.5 Continuing Obligations. Termination or expiration of this Agreement and the employment relationship does not terminate those obligations of Employee imposed by this Agreement that are continuing obligations, including, without limitation, Employees obligations under Section 4.
3.6 Post-Termination Assistance. During any period during which any Severance Benefits or other monies are being paid to Employee under this Agreement after the Termination Date, Employee shall provide to Employer reasonable levels of assistance to Employer in answering questions or otherwise cooperating concerning the business of Employer, transition of responsibility, or litigation; provided that Employee shall be fully and promptly reimbursed for all out of pocket expenses of Employee reasonably incurred in connection with such assistance and any such assistance after the period during which any Severance Benefits or other monies are being paid shall not interfere or conflict with the obligations that Employee may owe to any other employer.
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3.7 Reduction or Alteration in Duties. When either Employer or Employee serves a notice of termination or a Notice of Non-Renewal, Employer will have the right in its absolute discretion to (i) assign reduced, alternative, or no duties to the Employee, and require the Employee to act as directed by Employer, including excluding the Employee from the premises of Employer or other Related Entity, and (ii) prohibit the Employee from discussing the Employees termination with employees, agents, or any third party except with respect to Employees communication with federal, state or local governmental agencies as may be legally required or otherwise protected by law; provided, however, that in the event of a reduction or alteration of duties in accordance with Section 3.7(i), Employer will still be required to make the Base Salary payments pursuant to Section 2.1 through the date of termination of Employees employment.
3.8 Release. As a condition to the payment of any severance benefit hereunder, including the Severance Benefits, Employer, in its sole discretion, may require Employee (or Employees executor, legal guardian, or other legal representative in the case of the Employees death or Permanent Disability) to first execute and not revoke a waiver and release of all claims against Employer and the Related Entities in a form reasonably acceptable to Employer within 21 days following the Termination Date.
3.9 Forfeiture of Benefits. Except as otherwise provided in Section 4.1 hereof, in the event Employee breaches any of Employees obligations under Section 4 of this Agreement, and if Employee is otherwise entitled to receive Severance Benefits under Section 3.3, Employee shall fully, completely, and permanently forfeit any and all rights to such Severance Benefits, and Employer and each Related Entity shall have the right to fully, completely, and permanently terminate payment of any amounts to which Employee would otherwise be entitled pursuant to these provisions and recover the amount equal to the Severance Benefits previously paid to Employee under Section 3.3. The foregoing forfeiture of rights to the Severance Benefits shall not in any way limit or restrict Employers rights and remedies pursuant to Section 4, including the right to seek injunctive relief to enforce compliance with such obligations and to recover damages for any breach. Employee agrees that all disputes relating to Employees employment or termination of employment shall be resolved through Employers Dispute Resolution Plan as provided in Section 5.6 hereof.
3.10 Severance Benefits Not an Offer of Employment. The payment of any Severance Benefits or other monies to Employee under this Agreement after the Termination Date shall not constitute an offer or a continuation of employment of Employee. In no event shall Employee represent or hold himself out to be an employee of Employer after the Termination Date. Except where Employer is required by law to withhold any federal, state, or local taxes, Employee shall be responsible for any and all federal, state, or local taxes that arise out of any payments to Employee hereunder.
3.11 Recharacterization of Termination. Notwithstanding any other provision of this Agreement, if following the termination of employment Employer discovers that grounds existed as of the Termination Date for a termination for Employer Cause, then such termination shall be deemed to be a termination for Employer Cause and Employee shall only be entitled to the payments and benefits provided in Section 3.2. In the event Employees termination is reclassified as a termination for Employer Cause pursuant to this Section 3.11, Employees termination shall be so treated and classified for all purposes under this Agreement and any other agreements between Employee and Employer, and Employee shall repay to Employer any monies or benefits received by Employee following termination to which Employee would not have been entitled upon being terminated for Employer Cause.
SECTION 4: COVENANT NOT TO COMPETE; CONFIDENTIALITY.
4.1 Non-Compete. The parties hereto recognize that Employee is retained by Employer as part of a professional management staff of Employer with knowledge of the business plans of Employer. Therefore, in exchange for the consideration specified herein and as a material incentive for Employer to enter into this Agreement, and to enforce Employees obligations regarding confidentiality pursuant to Section 4.5 hereof, Employee hereby agrees that during the term of Employees employment hereunder (including any period of employment in which Employee has reduced or altered duties pursuant to Section 3.7) and, in the event of a termination of Employees employment pursuant to Section 3.3 (Good Leaver Termination) for a period of 12 months following the Termination Date (the Non-Compete Period), Employee shall not, within North America, act or engage in material competition with the activities or plans of Employer or any Related Entity as they exist up to the time of Employees termination of employment. Material Competition by Employee shall mean (A) engaging in or conducting any business or investment activity in any capacity that directly competes with or has a material adverse economic effect on any of the material business activities or business plans of Employer or any Related Entity, or with respect to a business or asset that was being evaluated by Employer or any Related Entity at any time during the Term and prior to the termination of employment, or (B) rendering advice or services to, whether as an employee, consultant, advisor, agent, shareholder,
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independent contractor, investor, partner, member, owner, or otherwise, any company, business or other entity that derives a material part of its business from activities that directly compete with the business activities or business plans of Employer or any Related Entity; provided, however, that Employee shall be permitted to acquire a passive stock interest in such a business provided that the stock acquired is publicly traded and Employee does not beneficially own more than 2% of the outstanding interest in such business. For the avoidance of doubt, working for or investing in an energy company that is primarily focused on exploration and production shall not be deemed to be Material Competition. Notwithstanding the foregoing, at any time during the twelve-month period following the Termination Date, Employee may, at Employees option, interview and pursue new opportunities with other companies, including private equity funding for new entities. If Employee accepts any of these opportunities, Employee will provide notice to the Company, and will have the ability to seek a waiver of this Section 4.1. If Employer does not accept Employees waiver request, Employee may, at Employees option, serve on the Employer a written notice waiving the right to any and all future installments of the Severance Benefit payments pursuant to Section 3.3(b)(i) (a Severance Waiver Notice), and upon delivery of the Severance Waiver Notice, Employee shall no longer be bound by the restrictions set forth in this Section 4.1 for the period on and after the date on which the Severance Waiver Notice is delivered to the Employer; provided, however, that notwithstanding the delivery of a Severance Waiver Notice, Employee will continue to be bound by the remaining obligations set forth in this Agreement, including but not limited to those covenants of Employee set forth in Section 4.2 and Section 4.5 hereof.
4.2 Non-Solicit. During the term of Employees employment hereunder (including any period of employment in which Employee has reduced or altered duties pursuant to Section 3.7) and for a period of 12 months following the Termination Date (the Non-Solicitation Period), Employee will not, directly or indirectly, solicit or induce (i) any person who is employed by Employer or any of the Related Entities or was so employed within the six-month period prior to the Termination Date (A) to interfere with the activities or businesses of Employer or any Related Entity or (B) to discontinue such persons employment with Employer or any of the Related Entities, nor shall Employee (or any business or entity with which Employee is then involved) employ any such person or (ii) any customer of Employer to discontinue or reduce its business with Employer (either through the transition of such business to a competitor of Employer or otherwise); provided, however, that general solicitation of the public for employment shall not constitute a solicitation hereunder so long as such general solicitation is not designed to target any such person.
4.3 Recognition of Limitations as Reasonable. Employee understands that the provisions of Sections 4.1 and 4.2 hereof may limit Employees ability to earn a livelihood in a business similar to the business in which Employee is involved, but as a member of the management group of Employer Employee nevertheless agrees and hereby acknowledges that (i) such provisions do not impose a greater restraint than is necessary to protect the goodwill, trade secrets, or other business interests of Employer and any of the Related Entities; (ii) such provisions contain reasonable limitations as to time, scope of activity, and geographical area to be restrained; and (iii) the consideration provided hereunder, including without limitation, any amounts or benefits provided under Section 3 hereof and the Confidential Information provided pursuant to Section 4.5, is sufficient to compensate Employee for the restrictions contained in Sections 4.1 and 4.2 hereof. In consideration of the foregoing and in light of Employees education, skills, and abilities, Employee agrees that Employee will not assert that, and it should not be considered that, any provisions of Section 4.1 or 4.2 otherwise are void, voidable, or unenforceable or should be voided or held unenforceable.
4.4 Modifications to Section 4. If, at the time of enforcement of Section 4 of this Agreement, a court shall hold that the period, scope, or geographical area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum period, scope, or geographical area reasonable under such circumstances shall be substituted for the stated period, scope, or geographical area and that the court shall revise the restrictions contained herein to cover the maximum period, scope, and geographical area permitted by law. If, in any proceeding, a court refuses to enforce all of the separate covenants deemed included herein because, taken together, they are deemed more extensive than necessary to assure Employer of the intended benefit of this Agreement, it is expressly understood and agreed that those of such covenants or portions of such covenants that, if eliminated, would permit the remaining separate covenants or portions thereof to be enforced in such proceeding shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. Employee acknowledges that Employee is a member of Employers management group with access to Employers confidential business information and Employees services are unique to Employer and the Related Entities. Employee therefore agrees that the remedy at law for any breach by Employee of any of the covenants and agreements set forth in this Section 4 will be inadequate and that in the event of any such breach, Employer may, in addition to the other remedies that may be available to it at law, apply to any court of competent jurisdiction to obtain specific performance and/or injunctive relief prohibiting Employee (together with all those persons associated with Employee) from the breach of such covenants and agreements and to enforce, or prevent any violations of, the provisions of this Agreement. In addition, in the event of an alleged breach or violation by Employee of this Section 4, the applicable Non-Compete Period and Non-Solicitation Period set forth in this Section shall be tolled until such breach or violation has been cured.
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4.5 Confidential Information. Employee acknowledges that pursuant to the employment hereunder, Employee occupies a position of trust and confidence. Accordingly, in order to facilitate the performance of this Agreement and the activities contemplated by this Agreement, Employee shall be provided with or given access to, or Employee may develop, certain proprietary or confidential information (Confidential Information) of Employer or a Related Entity. Confidential Information includes, without limitation, information pertaining to Employers or the Related Entities past, current and future business plans, corporate opportunities, operations, acquisition, merger or sale strategies, production, product development, product names and marks, marketing, cost and pricing structure, margins, profitability, operation or production procedures or results, partners, partnership or other business arrangements or agreements with third parties, customers, customer sales volumes, customer contracts, books, records and documents, technical information, equipment, services and processes. Subject to the last sentence of this Section, during the term of Employees employment and after the termination of Employees employment, Employee hereby agrees not to use or to disclose to any person, other than in the discharge of Employees duties under this Agreement, any Confidential Information of Employer or any Related Entities. Information shall not be deemed to be Confidential Information for purposes of this Agreement that: (i) is or hereafter becomes publicly known through no act or omission of Employee; (ii) is received by Employee without restriction on disclosure from a third party who disclosed the information without violating any restriction on confidentiality or disclosure; or (iii) is independently developed after the termination of Employees employment with Employer by Employee without reference to the Confidential Information and without violation of any confidentiality restriction. If Employee violates this agreement of confidentiality, Employer shall, in addition to any other remedy provided by law, be permitted to pursue an action for injunctive relief; monetary damages, or both. Employee acknowledges that all such Confidential Information constitutes confidential and/or proprietary information of Employer and the Related Entities and agrees that such Confidential Information shall be kept confidential, such Confidential Information shall be used solely for the purpose of performing the obligations hereunder or activities contemplated by this Agreement, and that Employee shall not otherwise disclose or make use of such Confidential Information except in response to a court order, provided that when responding to a court order, Employee shall provide written notice of the court order to Employer in advance of any disclosure in response thereto.
4.6 Intangible Rights. Employee agrees that all ideas, concepts, processes, discoveries, devices, machines, tools, materials, designs, improvements, inventions, computer software, and other things of value (Intangible Rights), if patented or subject to a patent application, and Confidential Information, which are conceived, made, invented or suggested either by Employee alone or in collaboration with others during the Term and relating to the business of Employer or a Related Entity, shall be promptly disclosed in writing to Employer and shall be the sole and exclusive property of Employer. Employee hereby assigns to Employer all of Employees right, title, and interest in and to all such intangible rights that are patented or subject to a patent application by Employer and its successors or assigns, and in and to Confidential Information. In the event that any of said Intangible Rights shall be deemed by Employer to be patentable or otherwise registerable under any federal, state or foreign law, Employee further agrees that during the Term plus 60 days, at the expense of Employer, Employee will execute all documents and do all things necessary, advisable, or proper to obtain patents therefor or registration thereof; and to vest in Employer full title thereto. Employee agrees that all right, title, and interest in any and all copyrights, copyright registrations, and copyrightable subject matter that occur as a result of Employees employment with Employer, shall be the sole and exclusive property of Employer, and agrees that such works comprise works for hire. Employee hereby assigns and agrees to assign to Employer all right, title, and interest in any such copyrights, copyright registrations, and copyrightable subject matter that occur because of such employment.
4.7 Non-Disparagement. Employee shall refrain, both during the employment relationship and after the employment relationship terminates, from publishing any oral or written statements about Employer or any Related Entity, or any of their respective officers, employees, shareholders, investors, directors, agents or representatives that are malicious, obscene, threatening, harassing, intimidating or discriminatory and which are designed to harm any of the foregoing. The foregoing restriction shall include, but not be limited to, statements made, whether directly or indirectly, to or on social media, internet websites, blogs and electronic bulletin boards, as well as statements to the media, including writers, researchers, reporters, magazines, newspapers, book publishers, television stations, radio stations, the motion picture industry, public interest groups, and the publishing industry generally. In the event such a communication is made to anyone, it will be considered a material breach of the terms of this Agreement, and all commitments to make any payments under Section 3.3(b) will be null and void. Additionally, in the event any such communication materially damages the reputation of Employer, any Related Entity, or their respective agents, officers, directors, or employees, the Employee will be required to reimburse Employer for any and all Severance Benefits made under the terms of this Agreement. This provision is not intended to limit Employees right to give non-malicious and truthful testimony should Employee be subpoenaed to give such testimony, and the foregoing restrictions in this Section 4.7 shall not apply with respect to Employees communication with federal, state or local governmental agencies as may be legally required or otherwise protected by law.
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4.8 Agreement to Covenants. Each of the covenants of this Section 4 are given by Employee as part of the consideration for this Agreement and as an inducement to Employer to enter into this Agreement and accept the obligations hereunder. Employee has had adequate time to consider these covenants and to consult with an attorney or other advisor concerning them. Employee acknowledges that Employee understands these covenants and agrees to them freely and voluntarily.
SECTION 5: MISCELLANEOUS.
5.1 Employee and Employer expressly understand and agree that Employer may request to assign this Agreement and transfer Employees employment to another Related Entity (Subsequent Employer) as of, or at any time after, the Effective Date. Employee, at his sole option, has the ability to accept or reject the assignment and transfer. If Employee accepts the assignment and transfer, no such assignment and transfer shall be deemed to be a termination of employment for purposes of Section 3, or grounds for termination for Employee Cause; provided, however, that, effective with such assignment and transfer, all of Employers obligations hereunder shall be unchanged, assumed by, and be binding upon, and all of Employers rights hereunder shall be assigned to, such Subsequent Employer and the defined term Employer as used herein shall thereafter refer to such Subsequent Employer. Employee expressly consents to such assignment and transfer. Except for Employees title, as applicable, and as otherwise provided in this Section 5.1, all of the terms and conditions of this Agreement, including without limitation, Employees rights and obligations, shall remain in full force and effect following any such assignment and transfer of employment. If Employee, at his sole option, rejects the assignment and transfer, he shall be considered a Good Leaver under Section 3.3.
5.2 Except as otherwise required by law, any written notice hereunder shall be deemed validly given, made or served (i) on the date on which it is delivered personally, (ii) five business days after it shall have been sent by registered or certified mail (receipt requested and postage prepaid), (iii) one business day after it is sent by overnight courier (charges prepaid), or (iv) on the same business day when sent before 5:00 p.m., recipients time, and on the next business day when sent after 5:00 p.m., recipients time, by facsimile.
If to Employer, addressed to: | Crestwood Operations LLC | |
811 Main Street Louisiana, Suite 3400 | ||
Houston, TX 77002 | ||
Facsimile: (832) 519-2200 | ||
Attention: Vice President, Human Resources | ||
If to Employee: | Diaco Aviki | |
5523 Briscoe Bend Lane | ||
Fulshear, TX 77441 |
or to Employees last known personal address.
5.3 This Agreement shall be construed and enforced, and this Agreement and any disputes or controversies related hereto shall be governed by, in all respects in accordance with, the law of the State of Texas, without regard to principles of conflicts of law that would apply the laws of any other jurisdiction, unless preempted by federal law, in which case federal law shall govern.
5.4 No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
5.5 It is a desire and intent of the parties that the terms, provisions, covenants, and remedies contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision, covenant, or remedy of this Agreement or the application thereof to any person, association, or entity or circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision, covenant, or remedy shall be construed or re-written in a manner so as to permit its enforceability under the applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the application thereof to any person, association, or entity or circumstances other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.
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5.6 It is the mutual intention of the parties to have the option to resolve any dispute concerning this Agreement out of court. Accordingly, the parties agree that either party may elect to have any such dispute submitted for resolution through Employers Dispute Resolution Plan or, if no such plan is in place, then pursuant to binding arbitration to be held in Harris County, Texas, in accordance with the employment arbitration rules (except as modified below) of the American Arbitration Association and with the Expedited Procedures thereof (collectively, the Rules); provided, however, that Employer, on its own behalf and on behalf of any of the Related Entities, shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any breach, threatened breach, or the continuation of any breach of the provisions of Sections 4 and 5 and Employee hereby consents that such restraining order or injunction may be granted without the necessity of Employer posting any bond. Each of the parties hereto agrees that arbitration pursuant to this Section 5.6 shall be conducted by a single arbitrator selected in accordance with the Rules; provided that such arbitrator shall be experienced in deciding cases concerning the matter which is the subject of the dispute. Each of the parties agrees that in any such arbitration that the award shall be made in writing no more than 30 days following the end of the proceeding, that the arbitration shall not be conducted as a class action, that the arbitration award shall include factual findings or conclusions of law, and that no punitive damages shall be awarded. Any award rendered by the arbitrator shall be final and binding and judgment may be entered on it in any court of competent jurisdiction. Each of the parties hereto agrees to treat as confidential the results of any arbitration (including, without limitation, any findings of fact and/or law made by the arbitrator) and not to disclose such results to any unauthorized person. In any dispute related to a termination of Employees employment pursuant to Section 3.2(a)(i), Employee shall only be permitted to dispute or contest whether or not a determination of Employer Cause was made in good faith. Employer shall bear all administrative fees and expenses of the arbitration and unless the arbitrator directs otherwise, each party shall bear its own counsel fees and expenses. Either party may appeal the arbitration award and judgment thereon and, in actions seeking to vacate an award, the standard of review to be applied to the arbitrators findings of fact and conclusions of law will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury.
5.7 This Agreement shall be binding upon and inure to the benefit of Employer, its successors in interest, or any other person, association, or entity that may hereafter acquire or succeed to all or substantially all of the business assets of Employer by any means, whether indirectly or directly, and whether by purchase, merger, consolidation, or otherwise. Employees rights and obligations under this Agreement are personal and such rights, benefits, and obligations of Employee shall not be voluntarily or involuntarily assigned, alienated, or transferred, whether by operation of law or otherwise, without the prior written consent of Employer, other than in the case of death or Permanent Disability of Employee.
5.8 This Agreement and the other agreements and arrangements referred to in this Agreement supersede and replace any previous agreements and discussions pertaining to the subject matter covered herein. This Agreement and any Exhibit hereto (collectively, the Employment Documents) constitute the entire agreement of the parties with regard to the terms of Employees employment, termination of employment and severance benefits, and contain all of the covenants, promises, representations, warranties, and agreements between the parties with respect to such matters. Each party to this Agreement acknowledges that no representation, inducement, promise, or agreement, oral or written, has been made by either party with respect to the foregoing matters that is not embodied in the Employment Documents, and that no agreement, statement, or promise relating to the employment of Employee by Employer that is not contained in the Employment Documents shall be valid or binding. Any modification or waiver of this Agreement will be effective only if it is in writing and signed by each party whose rights hereunder are affected thereby.
5.9 The parties recognize and acknowledge, and hereby expressly waive, any right any of them may have to punitive damages.
5.10 Employee represents that Employee is fully competent to manage Employees business affairs, has read this document carefully, understands all of its contents, fully understands the final and binding effect of this Agreement, has had the opportunity to consult with Employees attorney, and executes this Agreement freely and voluntarily. Employee represents and acknowledges that in executing this Agreement Employee does not rely and has not relied upon any representation or statement not set forth herein made by Employer and or by any of their respective agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise.
5.11 The parties to this Agreement hereby agree that no special relationship of trust and reliance is, has been, or will be created by the provisions of this Agreement or Employees employment arrangement.
5.12 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same Agreement.
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5.13 Employer may withhold from any compensation or benefits payable under this Agreement all federal, state, city or other taxes as may be required pursuant to any law or governmental regulation or ruling, as well as any other authorized deduction or withholding. Furthermore, should Employee owe Employer or a Related Entity any money at the time of termination of employment, Employee authorizes and consents to Employer deducting the amount owed by Employee from compensation otherwise owed Employee.
5.14 The provisions of this Section 5.14 shall apply solely to the extent that a payment under this Agreement is subject to Section 409A of the Internal Revenue Code of 1986, as amended (the Code).
(a) General Suspension of Payments. If Employee is a specified employee, as such term is defined within the meaning of Section 409A of the Code, any payments or benefits payable or provided as a result of Employees termination of employment that would otherwise be paid or provided prior to the first day of the seventh month following such termination (other than due to death) shall instead be paid or provided on the earlier of (i) the six months and one day following Employees termination, (ii) the date of Employees death, or (iii) any date that otherwise complies with Section 409A of the Code. In the event that Employee is entitled to receive payments during the suspension period provided under this Section, Employee shall receive the accumulated benefits that would have been paid or provided under this Agreement within the suspension period on the first payroll date next following the earliest day that would be permitted under Section 409A of the Code. In the event of any delay in payment under this provision, the deferred amount shall bear interest at the prime rate (as stated in the Wall Street Journal) in effect on his termination date until paid.
(b) Release Payments. In the event that Employee is required to execute a release to receive any payments from Employer that constitute nonqualified deferred compensation under Section 409A of the Code, payment of such amounts shall not be made or commence until the sixtieth (60th) day following such termination of employment. Any payments that are suspended during the sixty (60) day period shall be paid on the date the first regular payroll is made immediately following the end of such period.
(c) Reimbursement Payments. The following rules shall apply to payments of any amounts under this Agreement that are treated as reimbursement payments under Section 409A of the Code: (i) the amount of expenses eligible for reimbursement in one calendar year shall not limit the available reimbursements for any other calendar year (other than an arrangement providing for the reimbursement of medical expenses referred to in Section 105(b) of the Code); (ii) Employee shall file a claim for all reimbursement payments not later than thirty (30) days following the end of the calendar year during which the expenses were incurred, (iii) Employer shall make such reimbursement payments within thirty (30) days following the date Employee delivers written notice of the expenses to Employer; and (iv) Employees right to such reimbursement payments shall not be subject to liquidation or exchange for any other payment or benefit.
(d) Separation from Service. For purposes of this Agreement, any reference to termination of Employees employment shall be interpreted consistent with the meaning of the term separation from service in Section 409A(a)(2)(A)(i) of the Code and no portion of the Severance Payments shall be paid to Employee prior to the date such Employee incurs a separation from service under Section 409A(a)(2)(A)(i) of the Code.
(e) Installment Payments. For purposes of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (including without limitation Treasury Regulations Section 1.409A-2(b)(2)(iii)), all payments made under this Agreement (whether severance payments or otherwise) will be treated as a right to receive a series of separate payments and, accordingly, each installment payment under this Agreement will at all times be considered a separate and distinct payment.
(f) General. Notwithstanding anything to the contrary in this Agreement, it is intended that the severance benefits and other payments payable under this Agreement satisfy, to the greatest extent possible, the exemptions from the application of Section 409A of the Code provided under Treasury Regulations Sections 1.409A-1(b)(4), 1.409A-1(b)(5), and 1.409A-(b)(9) and this Agreement will be construed to the greatest extent possible as consistent with those provisions. The commencement of payment or provision of any payment or benefit under this Agreement shall be deferred to the minimum extent necessary to prevent the imposition of any excise taxes or penalties on Employer or Employee.
5.15 The paragraph headings have been inserted for purposes of convenience and shall not be used for interpretive purposes.
[Signature Page Follows]
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IN WITNESS WHEREOF, Employer and Employee have duly executed this Agreement in multiple originals to be effective on the Effective Date.
EMPLOYER | ||||
CRESTWOOD OPERATIONS LLC | ||||
By: | /s/ Robert T. Halpin | |||
Name: | Robert T. Halpin | |||
Title: | President, Chief Financial Officer | |||
EMPLOYEE | ||||
/s/ Diaco Aviki |
Exhibit 99.1
News Release CRESTWOOD EQUITY PARTNERS LP 811 Main Street, Suite 3400 Houston, TX 77002 www.crestwoodlp.com |
Crestwood Announces Executive Promotions and Organizational Changes
HOUSTON, TEXAS January 18, 2022 Crestwood Equity Partners LP (NYSE: CEQP) (Crestwood) announced several promotions within Crestwoods senior management team, effective immediately.
Robert Halpin has been promoted to President and Chief Financial Officer, reporting directly to Robert G. Phillips, Founder, Chairman and Chief Executive Officer. Mr. Halpin has been with the Crestwood organization since 2012 and in his time with the company has played an integral role in the development and execution of Crestwoods corporate and financial strategy. In his new role, Mr. Halpin will be responsible for leading all of Crestwoods commercial, operations, engineering and project management, sustainability and financial activities. Previously, Mr. Halpin has served as Executive Vice President and Chief Financial Officer since 2015, Vice President, Finance from January 2013 until April 2015 and Vice President, Business Development from January 2012 to January 2013. Before joining Crestwood, Mr. Halpin worked in finance at First Reserve and Barclays Capital.
Diaco Aviki has been promoted to Executive Vice President and Chief Operating Officer, reporting directly to Mr. Halpin. In his new role, Mr. Aviki will be responsible for overseeing Crestwoods commercial, business development, field operations, engineering and project management functions which primarily support Crestwoods gathering and processing business. Mr. Aviki has been with the Crestwood organization since 2017, previously having served as Senior Vice President of Business Development and Commercial Operations, and has played a critical role in the growth and commercial success of Crestwoods assets in the Williston, Delaware and Powder River basins. Prior to joining Crestwood, Mr. Aviki had an extensive career in the upstream and midstream sectors with ExxonMobil and BHP Billiton.
Joanne Howard has been promoted to Senior Vice President of Sustainability and Corporate Communications, reporting directly to Mr. Halpin. Ms. Howard has been with Crestwood since 2018, previously having served as Vice President of Sustainability and Corporate Communications, and has led Crestwoods sustainability initiatives helping the company establish a leadership position in ESG performance across the midstream sector. Among several recent awards, Crestwoods ESG Program was recognized by Institutional Investor in the 2022 Team rankings as a Best ESG Program for Small Cap Energy and by Hart Energy as an Energy ESG Top Performer in the midstream sector. In her continuing role, Ms. Howard will be responsible for Crestwoods industry-wide efforts to advance sustainability across the energy value chain, external reporting of Crestwoods ESG performance and initiatives, expanding sustainability across Crestwoods portfolio and leading the companys corporate communications and social investment programs.
With the buy-in of the General Partner from First Reserve in March, the sale of Stagecoach Gas Services in July, and the announcement of the upcoming merger with Oasis Midstream in October, Crestwood completed one of our most strategic and transformative years in 2021. I could not be prouder of how well the partnership
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is positioned as we kick off another new year in 2022, stated Robert G. Phillips, Founder, Chairman and Chief Executive Officer. We have an incredible management team and dedicated work force at Crestwood, and I am very excited to announce these well-earned executive promotions which both rewards significant contributions to Crestwoods success and further aligns our commercial, operations and finance functions going forward. With the recently expanded and independent board of directors, the pending merger with Oasis Midstream, and the new management operating structure under Robert and Diacos leadership, Im quite optimistic about Crestwoods ability to continue driving sustainable value for our investors for the long-term future.
About Crestwood Equity Partners LP
Houston, Texas, based Crestwood Equity Partners LP (NYSE: CEQP) is a master limited partnership that owns and operates midstream businesses in multiple shale resource plays across the United States. Crestwood is engaged in the gathering, processing, treating, compression, storage and transportation of natural gas; storage, transportation, terminalling and marketing of NGLs; gathering, storage, terminalling and marketing of crude oil; and gathering and disposal of produced water. Visit Crestwood Equity Partners LP at www.crestwoodlp.com; and to learn more about Crestwoods sustainability efforts, please visit https://esg.crestwoodlp.com.
Forward Looking Statements
This press release may include certain statements concerning expectations for the future that are forward-looking statements as defined by federal securities law. Such forward-looking statements are subject to a variety of known and unknown risks, uncertainties, and other factors that are difficult to predict and many of which are beyond managements control. These risks and assumptions are described in Crestwoods annual reports on Form 10-K and other reports that are available from the United States Securities and Exchange Commission. Readers are cautioned not to place undue reliance on forward-looking statements, which reflect managements view only as of the date made. We undertake no obligation to update any forward-looking statement, except as otherwise required by law.
Source: Crestwood Equity Partners LP
Crestwood Equity Partners LP
Investor Contacts
Rhianna Disch, 713-380-3006
rhianna.disch@crestwoodlp.com
Director, Investor Relations
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Sustainability and Media Contact
Joanne Howard, 832-519-2211
joanne.howard@crestwoodlp.com
Senior Vice President, Sustainability and Corporate Communications
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