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of contract allegation, ruling that the
District Court in Harris County has dominant jurisdiction of that
issue. Upon completion of the trial, the court announced that
it would take the case under advisement. On November 5, 2001,
the court filed with the clerk a final judgment that had been
signed by the court on October 26, 2001. Pursuant to the terms
of the judgment, the Company, and its co-plaintiffs, take nothing
on their claims against BNP and are denied any recovery of their
interests in the lease, the prospect, or the wells of the Slick
Prospect. Instead, the court confirmed title in the lease, prospect,
and wells in BNP's affiliate. In addition, the Company and its
co-defendants were found to have tortiously and maliciously interfered
with two different BNP contracts or prospective contracts and
the business of BNP and its affiliate, causing damages with respect
to the loss of a sale and the loss of a lease. Under the terms
of the Settlement Agreement, the Company paid $472,000 to BNP.
The settlement amount, along with the related legal fees, has
been included as other expense in the accompanying financial statements.
In July 2001, the Company
was notified of a prior lease in favor of a predecessor of ExxonMobil
purporting to be valid and covering the same property as the Company's
Neblett lease in Starr County, Texas. The Neblett lease is part
of a unit in N. LaCopita Prospect in which the Company owns a
non-operating interest. The operator of the lease, GMT, filed
a petition for, and was granted, a temporary restraining order
against ExxonMobil in the 229th Judicial Court in Starr County,
Texas enjoining ExxonMobil from taking possession of the Neblett
wells. Pending resolution of the underlying title issue, the temporary
restraining order was extended voluntarily by agreement of the
parties, conditioned on GMT paying the revenues into escrow and
agreeing to provide ExxonMobil with certain discovery materials
in this action. ExxonMobil has filed a counterclaim against GMT
and all the non-operators, including the Company, to establish
the validity of their lease, remove cloud on title, quiet title
to the property, and for conversion, trespass and punitive damages.
ExxonMobil seek unspecified damages for the lost profits on the
sale of the hydrocarbons from this property, and for a determination
of whether the Company and the other working interest owners were
in good faith or bad faith in trespassing on this lease. If a
determination of bad faith is made, the parties will not be able
to recover their costs of developing this property from the revenues
therefrom. While there is always a risk in the outcome of the
litigation, the Company believes there is no question that the
Company acted in good faith and intends to vigorously defend our
position. The Company, along with GMT and the other partners,
are attempting to negotiate a settlement with ExxonMobil that
would allow GMT et al (including the Company) to participate for
their respective shares of a working interest in the Neblett unit,
and would allow for the recovery of well costs. If the case cannot
be settled and the title issue is decided unfavorably, the Company
believes that it will ultimately be able to recover its costs
as a good faith trespasser. A complete loss of the lease in question
would result in the loss to the Company of approximately .6 Bcfe
of reported proved reserves as of December 31, 2000 or .9 Bcfe
of reported proved reserves as of June 30, 2001. No reserves with
respect to these properties were included in the Company's reported
proved reserves as of December 31, 2001. At the time of shut in,
the Neblett #1 well was producing at the rate of approximately
45 Mcfe per day, the Neblett #2 well was producing at the rate
of approximately 90 Mcfe per day and the Neblett #3 well was producing
at the rate of approximately 895 Mcfe per day, all net to the
Company's interest. The Company believes that an unfavorable outcome
in this matter would not have a material impact on its financial
statements. The Company has recorded revenues only to the extent
of well costs funded by the Company.
Item 4. Submission
of Maters to a Vote of Security Holders
None
Executive Officers
of the Registrant
Pursuant to Instruction
3 to Item 401(b) of Regulation S-K and General Instruction G(3)
to Form 10-K, the following information is included in Part I
of this Form 10-K.
The following table sets
forth certain information with respect to executive officers of
the Company:
|
Name
|
|
Age
|
|
Position
|
| S.P. Johnson IV |
|
45
|
|
President and Chief Executive
Officer |
| Frank A. Wojtek |
|
46
|
|
Chief Financial Officer, Vice
President, Secretary and Treasurer |
| George F. Canjar |
|
44
|
|
Vice President of Exploration
Development |
| Kendall A. Trahan |
|
51
|
|
Vice President of Land |
| J. Bradley Fisher |
|
41
|
|
Vice President of Operations |
| |
|
|
|
|
Set forth below is a description
of the backgrounds of each of the executive officers of the Company:
S.P. Johnson IV
has served as the President, Chief Executive Officer and a director
of the Company since December 1993. Prior to that, he worked 15
years for Shell Oil Company. His managerial positions included
Operations Superintendent, Manager of Planning and Finance and
Manager of Development Engineering. Mr. Johnson is a Registered
Petroleum Engineer and has a B.S. in Mechanical Engineering from
the University of Colorado.
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