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Taxes. Upon settlement of stock
awards, the Company recognizes any difference between book compensation
expense and tax compensation expense as a tax windfall or shortfall.
The difference is charged to equity in the case of windfall. In
the case of shortfalls, the difference is charged to equity to the
extent of previously recognized windfall tax benefits and any remaining
isrecognized as additional income tax expense. When the settlement
of an award results in a net operating loss (NOL), or increasesan
NOL carryforward, SFAS 123(R) prescribes that no windfall should
be recognized until the deduction reduces income tax payable. At
December 31, 2007, the Company had an NOL of approximately $51.2
million. The Company has postponed the recognition of approximately
$1.7 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 natural 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 variabilityof cash flow to be received (cash flow hedge)
or the derivative must be accounted for as a non-designated derivative.
All of theCompanys derivative instruments during the years
ended December 31, 2007, 2006 and 2005 were treated as non-designated
derivatives and the unrealized gain/(loss) related to the mark-to-market
valuation was included in the Companys 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 Companys 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
each 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. The Company routinely assess the realizability of its deferred
tax assets and considers future taxable income in making such assessments.
If the Company concludes 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 the Companys attempt to make anaccurate estimate,
the ultimate utilization of the deferred tax assets is highly dependent
upon 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 in-progress wells. This concentration of customers and
joint interest owners may impact the Company's overall credit risk
in thatthese 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 interestowners.
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 and one bank in the United
Kingdom. 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 specificidentification
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
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