|   | 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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