8-K 1 txco8k.htm TXCO FORM 8-K FOR RATIO SWAPS AGREEMENT TXCO Form 8-K for Press Release & Presentation
 

SECURITIES AND EXCHANGE COMMISSION

 

Washington, D.C.    20549

 
 

FORM 8-K

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the

 

Securities Exchange Act of 1934

 

Date of Report

(Date of earliest event reported)

 

October 01, 2004

 
 
 

 
     
     

THE EXPLORATION COMPANY OF DELAWARE, INC.

(Exact name of registrant as specified in its charter)

 
 

Delaware

0-9120

84-0793089

(State of

(Commission File

(IRS Employer

incorporation)

Number)

Identification No.)

 
 
 
 

500 North Loop 1604 East, Suite 250

 

San Antonio, Texas

78232

(Address of principal executive offices)

(Zip Code)

 
 

(210) 496-5300

(Registrant's telephone number,

including area code)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the
   registrant under any of the following provisions (see General Instruction A.2. below):

 

     o     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

     o     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

     o     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

     o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Item 8.01:  Other Events

 

On October 1, 2004, the Registrant entered into a hedging arrangement with Macquarie Bank Ltd. for approximately 40% of TXCO's current oil and gas production. The hedge is comprised of ratio swaps covering monthly volumes of 15,000 barrels of oil and 140,000 MMBtu of gas. The swaps provides TXCO stated floor prices for their product while allowing participation in 75% of any excess over these floor prices.

 

The Registrant issued a press release on October 6, 2004, entitled "The Exploration Company Announces Oil and Gas Production Hedges". The details of the ratio swaps are summarized in the press release that is attached as Exhibit 99.1.

 

The Registrant has not elected hedge accounting for these transactions. Therefore, changes in market value of the swaps will be recorded quarterly on the income statement as Derivative Fair Value Gains or Losses and may impact the volatility of reported earnings.

 

Item 9.01:  Exhibits

 

The following exhibit is furnished herewith:

 

      Exhibit

      Number                                                          Description

     
 

99.1

October 6, 2004 Press Release, entitled "The Exploration Company Announces Oil and Gas Production Hedges"

     
     
 
 
 
 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized.

 

Dated: October 6, 2004

 

THE EXPLORATION COMPANY OF DELAWARE, INC.

 
 

/s/ P. Mark Stark

 

P. Mark Stark

 

Chief Financial Officer

 

(Principal Accounting and Financial Officer)