payable. At December 31, 2006, the Company had an NOL. The Company
has postponed the recognition of approximately $0.9 million in windfall
tax benefits associated with its stock-based compensation.
Derivative Instruments
The Company uses derivatives to manage
price risk underlying its oil and gas production. The Company also
uses derivatives to manage the variable interest rate on its Second
Lien Credit Facility.
Upon entering into a derivative contract,
the Company either designates the derivative instrument as a hedge
of the variability of cash flow to be received (cash flow hedge)
or the derivative must be accounted for as a non-designated derivative.
All of the Company’s derivative instruments during the years ended
December 31, 2006, 2005 and 2004 were treated as non-designated
derivatives and the unrealized gain/(loss) related to the mark-to-market
valuation was included in the Company’s earnings.
The Company typically uses fixed-rate swaps
and costless collars to hedge its exposure to material changes in
the price of oil and natural gas and variable interest rates on
long-term debt.
The Company’s Board of Directors sets all
risk management policies and reviews volumes, types of instruments
and counterparties on a quarterly basis. These policies require
that derivative instruments be executed only by either the President
or Chief Financial Officer after consultation and concurrence by
the President, Chief Financial Officer and Chairman of the Board.
The master contracts with approved counterparties identify the President
and Chief Financial Officer as the only Company representatives
authorized to execute trades. The Board of Directors also reviews
the status and results of derivative activities quarterly.
Income Taxes
Under SFAS No. 109 “Accounting for Income
Taxes,” deferred income taxes are recognized at reporting period
for the future tax consequences of differences between the tax bases
of assets and liabilities and their financial reporting amounts
based on tax laws and statutory tax rates applicable to the periods
in which the differences are expected to affect taxable income.
We routinely assess the realizability of our deferred tax assets.
We consider future taxable income in making such assessments. If
we conclude that it is more likely than not that some portion or
all of the deferred tax assets will not be realized under accounting
standards, it is reduced by a valuation allowance. However, despite
our attempt to make an accurate estimate, the ultimate utilization
of our deferred tax assets is highly dependent upon our actual production
and the realization of taxable income in future periods.
Concentration of Credit Risk
Substantially all of the Company's accounts
receivable result from oil and natural gas sales, joint interest
billings to third parties in the oil and natural gas industry or
drilling and completion advances to third-party operators for development
costs of inprogress wells. This concentration of customers and joint
interest owners may impact the Company's overall credit risk in
that these entities may be similarly affected by changes in economic
and other industry conditions. The Company does not require collateral
from its customers. The Company generally has the right to offset
revenue against related billings to joint interest owners. Derivative
contracts subject the Company to a concentration of credit risk.
The Company transacts the majority of its derivative contracts with
two counterparties. The Company maintains its cash with major U.S.
banks. From time to time, cash amounts may exceed the FDIC insured
limit of $100,000. The terms of these deposits are on demand to
minimize risk. Historically, the Company has not incurred losses
related to these deposits.
Allowance for Doubtful Accounts
The Company establishes provisions
for losses on accounts receivable when it determines that it will
not collect all or a part of the outstanding balance. The Company
reviews collectability quarterly and adjusts the allowance as necessary
using the specific identification method.
During the fourth quarter of 2006, Reichmann
Petroleum filed for bankruptcy. At the time, the Company had outstanding
receivable balances of approximately $1.5 million for October 2006
production and advances to Reichmann for the drilling of wells in
which Reichmann was the operator. The Company expects to recover
approximately five percent of the receivable balance due at the
time of bankruptcy. Accordingly, the Company increased the allowance
by approximately $1.5 million during the fourth quarter of 2006.
Major Customers
The Company sold oil and natural gas production
representing more than 10% of its oil and natural gas revenues as
follows:
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