The Company entered into a transition services agreement with Pinnacle pursuant to which the Company provided certain accounting, treasury, tax, insurance and financial reporting functions to Pinnacle for a monthly fee equal to the Company’s actual cost to provide such services. No such services were provided during 2004 and 2005.

12.        DERIVATIVE FINANCIAL INSTRUMENTS

The Company’s operations involve managing market risks related to changes in commodity prices. Derivative financial instruments, specifically swaps, futures, options and other contracts, are used to reduce and manage those risks. The Company addresses market risk by selecting instruments whose value fluctuations correlate strongly with the underlying commodity being hedged. The Company enters into swaps, options, collars and other derivative contracts to manage price risks associated with a portion of anticipated future oil and natural gas production. While the use of derivative financial instruments limits the downside risk of adverse price movements, it may also limit future gains from favorable movements. Under these agreements, payments are received or made based on the differential between a fixed and a variable product price. These agreements are settled in cash at termination, expiration or exchanged for physical delivery contracts. The Company enters into the majority of its derivative transactions with two counterparties and netting agreements are in place with those counterparties. The Company does not obtain collateral to support the agreements but monitors the financial viability of counterparties and believes its credit risk is minimal on these transactions. In the event of nonperformance, the Company would be exposed to price risk. The Company has some risk of accounting loss since the price received for the product at the actual physical delivery point may differ from the prevailing price at the delivery point required for settlement of the financial instruments.

As of December 31, 2004 and 2005, the unrealized gain (loss) on oil and gas derivative instruments related to the mark-tomarket valuation, was a $0.4 million benefit and a ($3.6) million charge, respectively, which are presented as mark-to-market gain (loss) on derivatives, net in the other income and expense section of our Statement of Operations.

Total oil purchased and sold under swaps and collars during 2003, 2004 and 2005 were 193,600 Bbls, 121,700 Bbls and 108,500 Bbls, respectively. Total natural gas purchased and sold under swaps and collars in 2003, 2004 and 2005 were 2,739,000 MMBtu, 3,936,000 MMBtu and 3,892,000 MMBtu, respectively. The net losses realized by the Company under such arrangements were $(1.8) million, $(1.0) million and $(2.3) million for 2003, 2004 and 2005, respectively, and are included in other income (expense).

At December 31, 2004 and 2005 the Company had the following outstanding derivative positions:

 
 

 

 

 

 

 
 
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