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Commitments and contingencies
9 Months Ended
Sep. 30, 2017
Commitments And Contingencies Disclosure [Abstract]  
Commitments And Contingencies

8.  COMMITMENTS AND CONTINGENCIES:

The Plan provides for the treatment of claims against our bankruptcy estates, including claims for prepetition liabilities that have not otherwise been satisfied or addressed before we emerged from chapter 11 proceedings. As noted in this Quarterly Report on Form 10-Q, the claims resolution process associated with our chapter 11 proceedings is on-going, and we expect it to continue for an indefinite period of time.

Pending Claims – Ultra Resources Indebtedness

Our chapter 11 filings constituted events of default under Ultra Resources’ prepetition debt agreements. During our bankruptcy proceedings, many holders of this indebtedness filed proofs of claim with the Bankruptcy Court, asserting claims for the outstanding balance of the indebtedness, unpaid prepetition interest dates, unpaid postpetition interest (including interest at the default rates under the debt agreements), make-whole amounts, and other fees and obligations allegedly arising under the debt agreements. As previously disclosed, in connection with our emergence from bankruptcy and in accordance with the Plan, all of our obligations with respect to the Ultra Resources prepetition indebtedness and the associated debt agreements were cancelled, except to the limited extent expressly set forth in the Plan, and the holders of claims related to the indebtedness received payment in full of allowed claims (including with respect to outstanding principal, unpaid prepetition interest, and certain other prepetition fees and obligations arising under the debt agreements). In connection with confirmation and consummation of the Plan we entered into a stipulation with the claimants pursuant to which we agreed to establish and fund a $400.0 million reserve account after the Effective Date, pending resolution of make-whole and postpetition interest claims. On April 14, 2017, we funded the account. Following our emergence from bankruptcy, we continued to dispute the claims made by holders of the Ultra Resources’ indebtedness for certain make-whole amounts and postpetition interest at the default rates provided for in the debt agreements.

As previously disclosed in a Current Report on Form 8-K filed with the SEC on September 22, 2017, the Bankruptcy Court denied the Company’s objection to the pending make-whole and postpetition interest claims.  On October 6, 2017, the Bankruptcy Court entered an order requiring the Company to distribute amounts attributable to the disputed claims to the applicable parties.  As ordered on October 12, 2017, substantially all of the moneys held in the Reserve Fund, totaling $400.3 million were distributed.  In total, $399.0 million was distributed to the parties asserting the make-whole and post-petition interest claims and $1.3 million (the balance remaining after distributions to the parties asserting claims) was returned to the Company, see Note 9 for additional details.  During the quarter, the Company recorded a liability for $399.0 million, which is comprised of $223.8 million included in accrued liabilities and $175.2 million included in interest payable in the Consolidated Balance Sheets. The $223.8 million represents the fees owed under the make-whole claims described above, which are included in reorganization items in the Consolidated Statements of Operations and the $175.2 million represents postpetition interest at the default rate as described above, which is included in interest expense in the Consolidated Statement of Operations.  The Company has appealed the court order denying its objections to these claims, but it is not possible to determine the ultimate disposition of these matters at this time.

Royalties

On April 19, 2016, we received a preliminary determination notice from the Office of Natural Resources Revenue (“ONRR”) asserting that our allocation of certain processing costs and plant fuel use at certain processing plants were impermissibly charged as deductions in the determination of royalties owed under Federal oil and gas leases.  We dispute the preliminary determination and raised, with ONRR, several matters we believed may not have been considered in the preliminary determination notice.  ONRR filed a proof of claim in our bankruptcy proceedings asserting approximately $35.1 million in claims attributable to these royalty calculations. This claim and the preliminary determination notice could ultimately result in us being ordered to pay additional royalty to ONRR for prior, current and future periods.  We are not able to determine the likelihood or range of any additional royalties or, if and when assessed, whether such amounts would be material.

Oil Sales Contract

On April 29, 2016, we received a letter from counsel to Sunoco Partners Marketing & Terminals L.P. (“SPMT”) asserting that (1) we had breached, by anticipatory repudiation, a contract for the purchase and sale of crude oil between Ultra Resources and SPMT and (2) the contract was terminated. In the letter, SPMT demanded payment for damages resulting from the breach in the amount of $38.6 million. On August 31, 2016, SPMT filed a proof of claim with the Bankruptcy Court for $16.9 million. On December 13, 2016, we filed an objection to SPMT’s proof of claim, and on December 14, 2016, we filed an adversary proceeding against SPMT related to its breach of the contract during the prepetition period (as amended, the “Sunoco Adversary”).  In its April 25, 2017 reply to the Sunoco Adversary complaint, Sunoco asserted a counterclaim for matters addressed in its proof of claim.  Litigation related to this matter is proceeding in the Bankruptcy Court. At this time, we are not able to determine the likelihood or range of damages owed to SPMT, if any, related to this matter, or, if and when such amounts are assessed, whether such amounts would be material. We anticipate SPMT’s claims will be resolved in connection with our chapter 11 proceedings.

Other Claims

The Company is party to lawsuits related to disputes with respect to overriding royalty and other interests in certain of our operated leases in Pinedale, Wyoming. At this time, no determination of the outcome of these claims can be made, or, if such claims are determined, whether any amounts related to these matters would be material. We are defending these cases vigorously, and we expect these claims to be resolved by the Bankruptcy Court. The Company is also currently involved in various routine disputes and allegations incidental to its business operations. While it is not possible to determine the ultimate disposition of these matters, the Company believes that the resolution of all such pending or threatened litigation is not likely to have a material adverse effect on the Company’s financial position or results of operations.