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If the principal balance of the Hibernia
Facility ever exceeds the borrowing base as reduced by the quarterly
borrowing base reduction (as described above), the principal balance
in excess of such reduced borrowing base will be due as of the date
of such reduction. Otherwise, any unpaid principal or interest will
be due at maturity.
If the outstanding principal balance of
the Hibernia credit facility exceeds the borrowing base at any time,
we have the option within 30 days to take any of the following actions,
either individually or in combination: make a lump sum payment curing
the deficiency, pledge additional collateral sufficient in Hibernia
National Bank's opinion to increase the borrowing base and cure
the deficiency or begin making equal monthly principal payments
that will cure the deficiency within the ensuing six-month period.
Those payments would be in addition to any payments that may come
due as a result of the quarterly borrowing base reductions. Otherwise,
any unpaid principal or interest will be due at maturity.
For each tranche of principal borrowed
under the revolving line of credit, the interest rate will be, at
our option: (i) the Eurodollar Rate, plus an applicable margin equal
to 2.375% if the amount borrowed is greater than or equal to 90%
of the borrowing base, 2.0% if the amount borrowed is less than
90%, but greater than or equal to 50% of the borrowing base, or
1.625% if the amount borrowed is less than 50% of the borrowing
base; or (ii) the Base Rate, plus an applicable margin of 0.375%
if the amount borrowed is greater than or equal to 90% of the borrowing
base. Interest on Eurodollar Loans is payable on either the last
day of each Eurodollar option period or monthly, whichever is earlier.
Interest on Base Rate Loans is payable monthly.
We are subject to certain covenants under
the terms of the Hibernia Facility, including, but not limited to
the maintenance of the following financial covenants: (i) a minimum
current ratio of 1.0 to 1.0 (including availability under the borrowing
base), (ii) a minimum quarterly debt services coverage of 1.25 times,
and (iii) a minimum shareholders equity equal to $56.0 million,
plus 100% of all subsequent common and preferred equity contributed
by shareholders, plus 50% of all positive earning occurring subsequent
to such quarter end, all ratios as more particularly discussed in
the credit facility. The Hibernia Facility also places restrictions
on additional indebtedness, dividends to non-preferred stockholders,
liens, investments, mergers, acquisitions, asset dispositions, asset
pledges and mortgages, change of control, repurchase or redemption
for cash of our common or preferred stock, speculative commodity
transactions, and other matters.
At December 31, 2002 and 2003, amounts
outstanding under the Hibernia Facility totaled $8.5 million and
$7.0 million, respectively, with an additional $4.3 million and
$12.0 million, respectively, available for future borrowings. At
December 31, 2002 and 2003, one letter of credit was issued and
outstanding under the Hibernia Facility in the amount of $0.2 million.
Rocky Mountain Gas Note
In June 2001, CCBM issued a non-recourse
promissory note payable in the amount of $7.5 million to RMG as
consideration for certain interests in oil and natural gas leases
held by RMG in Wyoming and Montana. The RMG note is payable in 41-monthly
principal payments of $0.1 million plus interest at 8% per annum
commencing July 31, 2001 with the balance due December 31, 2004.
The RMG note is secured solely by CCBM's interests in the oil and
natural gas leases in Wyoming and Montana. At December 31, 2002
and 2003, the outstanding principal balance of this note was $5.3
million and $0.9 million, respectively. In connection our investment
in Pinnacle, we received a reduction in the principal amount of
the RMG note of approximately $1.5 million and relinquished the
right to certain revenues related to the properties contributed
to Pinnacle.
Capital Leases
In December 2001, we entered into a capital
lease agreement secured by certain production equipment in the amount
of $0.2 million. The lease is payable in one payment of $11,323
and 35 monthly payments of $7,549 including interest at 8.6% per
annum. In October 2002, we entered into a capital lease agreement
secured by certain production equipment in the amount of $0.1 million.
The lease is payable in 36 monthly payments of $3,462 including
interest at 6.4% per annum. In May 2003, we entered into a capital
lease agreement secured by certain production equipment in the amount
of $0.1 million. The lease is payable in 36 monthly payments of
$3,030 including interest at 5.5% per annum. In August 2003, we
entered into a capital lease agreement secured by certain production
equipment in the amount of $0.1 million. The lease is payable in
36 monthly payments of $2,179 including interest at 6.0% per annum.
We have the option to acquire the equipment at the conclusion of
the lease for $1 under all of these leases. DD&A on the capital
leases for the years ended December 31, 2002 and 2003 amounted to
$28,000 and $48,000, respectively, and accumulated DD&A on the leased
equipment at December 31, 2002 and 2003 amounted to $28,000 and
$78,000, respectively.
Senior Subordinated Notes and Related Securities
In December 1999, we consummated the sale
of $22.0 million principal amount of 9% Senior Subordinated Notes
due 2007 (the "Subordinated Notes")
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