8-K 1 a4589759.txt THE EXPLORATION COMPANY 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) March 04, 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) Item 9: Regulation FD Disclosure The following exhibit is furnished herewith: Exhibit Number Description ------- --------------------------------------------------------------------- 99.1 Press Release dated March 4, 2004, entitled "The Exploration Company Finances Completion of Taylor Well; Signs Letter of Intent for Maverick Basin Acreage" 99.2 Press Release dated March 5, 2004, entitled "The Exploration Company Reports 2003 Earnings" Item 12: Results of Operations and Financial Condition The March 5, 2004 press release, attached as Exhibit 99.2, reported the Registrant's financial and other results for the year ended December 31, 2003. The press release contained a discussion of Ebitda, defined as earnings before income taxes, interest expense, depreciation, depletion, amortization, impairment and abandonment. Ebitda is a "non-GAAP financial measure" as defined in Item 10 of Regulation S-K of the Securities Exchange Act of 1934, as amended. The Company discussed Ebitda for the years ended December 31, 2003 and 2002. The required disclosures were provided in the press release, with reconciliation to both "Net Income" and "Net Cash Provided in Operating Activities". The information contained in this report under Items 9 and 12, including the exhibits, is intended to be furnished and shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall such information be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended. 2 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: March 10, 2004 THE EXPLORATION COMPANY OF DELAWARE, INC. /s/ P. Mark Stark P. Mark Stark Chief Financial Officer (Principal Accounting and Financial Officer) 3 EXHIBIT INDEX Exhibit Number Description ------- ------------------------------------------------------------------- 99.1 Press Release dated March 4, 2004, entitled "The Exploration Company Finances Completion of Taylor Well; Signs Letter of Intent for Maverick Basin Acreage" 99.2 Press Release dated March 5, 2004, entitled "The Exploration Company Reports 2003 Earnings" 4