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The
case proceeded to trial on the counterclaims
on December 11, 2000 in the Duval County
court. BNP presented evidence that its
damages were in the amounts of $19.6
million for the alleged lost sale of
the properties, $35 million for loss
of the lease development opportunity,
and $308 million for loss of the opportunity
related to participation in the 3-D
seismic project. During the course of
the trial, the co-plaintiff presented
its motion for summary judgment on the
counterclaims based on the doctrine
of absolute judicial proceeding privilege.
The court partially granted the co-plaintiff's
motion for summary judgment as it related
to
the filing of a lis pendens, but denied
it with regard to the other allegations
of BNP on November 12, 2001 in final
settlement of the litigation. 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 its 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.
During November
2000, the Company entered into a one-year
contract with Grey Wolf, Inc. for utilization
of a 1,500 horsepower drilling rig capable
of drilling wells to a depth of approximately
18,000 feet. The contract provided for
a dayrate of $12,000 per day. The rig
was utilized primarily to drill wells
in the Company's focus areas, including
the Matagorda Project Area and the Cabeza
Creek Project Area. The contract contained
a provision which would allow the Company
to terminate the contract early by tendering
payment equal to one-half the dayrate
for the number of days remaining under
the term of the contract as of the date
of termination. The contract commenced
in February 2001 and expired in February
2002. Steven A. Webster, who is the
Chairman of the Board of Directors of
the Company, is a member of the Board
of Directors of Grey Wolf, Inc.
During August 2001, the Company entered
into an agreement whereby the lessor
will provide to the Company up to $800,000
in financing for production equipment
utilizing capital leases. At December
31, 2001, one lease in the amount of
$243,369 had been executed under this
facility.
At December 31, 2001, the Company was obligated
under a noncancelable operating lease
for office space. Rent expense for the
years ended December 31, 1999, 2000
and 2001 was $108,700, $207,000 and
$207,000, respectively. The Company
is obligated for remaining lease payments
of $225,000 per year through December
31, 2004.
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