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In January 2003, the FASB issued Interpretation
No. 46 "Consolidation of Variable Interest Entities, an Interpretation
of Accounting Research Bulletin No. 51." Interpretation No. 46 requires
a company to consolidate a variable interest entity (VIE) if the
company has a variable interest (or combination of variable interests)
that is exposed to a majority of the entity's expected losses if
they occur, receive a majority of the entity's expected residual
returns if they occur, or both. In addition, more extensive disclosure
requirements apply to the primary and other significant variable
interest owners of the VIE. This interpretation applies immediately
to VIEs created after January 31, 2003, and to VIEs in which an
enterprise obtains an interest after that date. It is also generally
effective for the first fiscal year or interim period beginning
after December 31, 2003, to VIEs in which a company holds a variable
interest that is acquired before February 1, 2003. This interpretation
did not affect the Company's consolidated financial statements.
In May 2003, the FASB issued SFAS No.
150 "Accounting for Certain Financial Instruments with Characteristics
of both Liabilities and Equity." SFAS No. 150 establishes standards
on how companies classify and measure certain financial instruments
with characteristics of both liabilities and equity. The statement
requires that the Company classify as liabilities the fair value
of all mandatorily redeemable financial instruments that had previously
been recorded as equity or elsewhere in the consolidated financial
statements. This statement is effective for financial instruments
entered into or modified after May 31, 2003, and otherwise effective
for all existing financial instruments, except for minority interests
in limited-life entities, beginning in the third quarter of 2003.
This statement did not affect the Company's financial statements.
3. INVESTMENT IN MICHAEL PETROLEUM CORPORATION:
In 2000 the Company received a finder's
fee valued at $1.5 million from affiliates of Donaldson, Lufkin
& Jenrette ("DLJ") in connection with their purchase of a significant
minority shareholder interest in Michael Petroleum Corporation ("MPC").
MPC is a privately held exploration and production company which
focuses on the natural gas producing Lobo Trend in South Texas.
The minority shareholder interest in MPC was purchased by entities
affiliated with DLJ. The Company elected to receive the fee in the
form of 18,947 shares of common stock, 1.9% of the outstanding common
shares of MPC, which, until its sale in 2001, was accounted for
as a cost basis investment. Steven A. Webster, who is the Chairman
of the Board of the Company, and a Managing Director of Global Energy
Partners Ltd., a merchant banking affiliate of DLJ which makes investments
in energy companies, joined the Board of Directors of MPC in connection
with the transaction.
In 2001, the Company agreed to sell its
interest in MPC pursuant to an agreement between MPC and its shareholders
for the sale of a majority interest in MPC to Calpine Natural Gas
Company. The Company received total cash proceeds of $5.7 million,
of which $5.5 million was paid to the Company during the third quarter
of 2001, resulting in a financial statement gain of $3.9 million
being reflected in the third quarter 2001 financial results. The
remaining amounts were paid in 2003.
F-17
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