Derivative Instruments
The Company uses derivatives,
typically fixed-rate swaps and costless collars, to manage price
and interest rate risk underlying our oil and gas production and
the variable interest rate on the Second Lien Credit Facility. For
a discussion of the impact of changes in the prices of oil and gas
on our hedging transactions, see “Volatility of Oil and Natural
Gas Prices” below.
The Company’s Board
of Directors sets all of our risk management policies and reviews
volume limitations, 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 the
approved counterparties identify the President and Chief Financial
Officer as the only representatives authorized to execute trades.
The Board of Directors also reviews the status and results of derivative
activities quarterly.
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 at December
31, 2005 and December 31, 2006 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.
Income Taxes
Under Statement of Financial Accounting
Standards No. 109 (“SFAS No. 109”), “Accounting for Income Taxes,”
deferred income taxes are recognized at each year end 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.
Contingencies
Liabilities and other contingencies are
recognized upon determination of an exposure, which when analyzed
indicates that it is both probable that an asset has been impaired
or that a liability has been incurred and that the amount of such
loss is reasonably estimable.
Volatility of Oil and Natural Gas Prices
Our revenues, future
rate of growth, results of operations, financial condition and ability
to borrow funds or obtain additional capital, as well as the carrying
value of our properties, are substantially dependent upon prevailing
prices of oil and natural gas. See “Item 1A. Risk Factors—Natural
gas and oil prices are highly volatile, and lower prices will negatively
affect our financial results.”
We periodically review
the carrying value of our oil and natural gas properties under the
full cost accounting rules of the Commission. See “—Summary of Critical
Accounting Policies—Oil and Natural Gas Properties” and “Item 1A.
Risk Factors— We may record ceiling limitation write-downs that
would reduce our shareholders’ equity.”
To mitigate some of
our commodity price risk, we engage periodically in certain other
limited derivative activities including price swaps, costless collars
and, occasionally, put options, in order to establish some price
floor protection. We do not hold or issue derivative instruments
for trading purposes.
Total oil purchased
and sold under swaps and collars during 2006, 2005 and 2004 were
82,200 Bbls, 108,500 Bbls and 121,700 Bbls, respectively. Total
natural gas purchased and sold under swaps and collars in 2006,
2005 and 2004 were 5,171,000 MMBtu, 3,892,000 MMBtu and 3,936,000
MMBtu, respectively. The net gains (losses) realized by the Company
under such derivative arrangements were $5.6 million, $(2.3) million
and $(1.0) million for 2006, 2005 and 2004, respectively, and were
included in net gain (loss) on derivatives.
As of December 31,
2006, 2005 and 2004 unrealized gains and (losses) on oil and gas
derivatives of $9.9 million, $(4.2) million and $0.4 million, respectively,
were included in net gain (loss) on derivatives.
While the use of hedging
arrangements limits the downside risk of adverse price movements,
it may also limit our ability to benefit from increases in the prices
of natural gas and oil. We enter into the majority of our derivative
transactions with two
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