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On May 24, 2002, the Company entered into
a credit agreement with Hibernia National Bank (the "Hibernia Facility")
which matures on January 31, 2005, and repaid its existing facility
with Compass Bank (the "Compass Facility"). The Hibernia Facility
provides a revolving line of credit of up to $30.0 million. It is
secured by substantially all of the Company's assets and is guaranteed
by the Company's subsidiary.
The borrowing base will be determined
by Hibernia National Bank at least semi-annually on each October
31 and April 30. The initial borrowing base was $12.0 million, and
the borrowing base as of October 31, 2002 and 2003 was $13.0 million
and $19.0 million, respectively. Each party to the credit agreement
can request one unscheduled borrowing base determination subsequent
to each scheduled determination. The borrowing base will at all
times equal the borrowing base most recently determined by Hibernia
National Bank, less quarterly borrowing base reductions required
subsequent to such determination. Hibernia National Bank will reset
the borrowing base amount at each scheduled and each unscheduled
borrowing base determination date. The initial quarterly borrowing
base reduction, which commenced on June 30, 2002, was $1.3 million.
The quarterly borrowing base reduction effective January 31, 2004
is $3.0 million.
On December 12, 2002, the Company entered
into an Amended and Restated Credit Agreement with Hibernia National
Bank that provided additional availability under the Hibernia Facility
in the amount of $2.5 million which is structured as an additional
"Facility B" under the Hibernia Facility. The Facility B bore interest
at LIBOR plus 3.375%, was secured by certain leases and working
interests in oil and natural gas wells and matured on April 30,
2003. As such, the total borrowing base under the Hibernia Facility
as of December 31, 2002 and 2003 was $15.5 million and $19.0 million,
respectively, of which $8.5 and $7.0 million, respectively, was
drawn on the Hibernia Facility.
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 principal balance of the Hibernia
Facility ever exceeds any re-determined borrowing base, the Company
has the option within thirty days to (individually or in combination):
(i) make a lump sum payment curing the deficiency; (ii) pledge additional
collateral sufficient in Hibernia National Bank's opinion to increase
the borrowing base and cure the deficiency; or (iii) begin making
equal monthly principal payments that will cure the deficiency within
the ensuing six-month period. Such payments are in addition to any
payments that may come due as a result of the quarterly borrowing
base reductions.
For each tranche of principal borrowed
under the revolving line of credit, the interest rate will be, at
the Company's 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.
The Company is 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 earnings occurring subsequent
to such quarter end, all ratios as more particularly discussed in
the credit facility. The Hibernia Facility also places restrictions
on
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