-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, T4Ze3I95O+k2k50Y8Evsbri3bWFiQ6CoET21pI/BJ6E0adQeXH8WFuiWVZz3n6A7 9/ucAeIZRSE+FJccg3DZ3A== 0000950123-10-023395.txt : 20100311 0000950123-10-023395.hdr.sgml : 20100311 20100311113617 ACCESSION NUMBER: 0000950123-10-023395 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100311 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100311 DATE AS OF CHANGE: 20100311 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DELTA PETROLEUM CORP/CO CENTRAL INDEX KEY: 0000821483 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 841060803 STATE OF INCORPORATION: CO FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-16203 FILM NUMBER: 10672913 BUSINESS ADDRESS: STREET 1: 370 SEVENTEENTH STREET STREET 2: SUITE 4300 CITY: DENVER STATE: CO ZIP: 80202 BUSINESS PHONE: 3032939133 MAIL ADDRESS: STREET 1: 370 SEVENTEENTH STREET STREET 2: SUITE 4300 CITY: DENVER STATE: CO ZIP: 80202 8-K 1 d71478e8vk.htm FORM 8-K e8vk
 
 
UNITED STATES
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 11, 2010
DELTA PETROLEUM CORPORATION
(Exact name of registrant as specified in its charter)
         
DELAWARE
(State or other jurisdiction of
incorporation or organization)
  0-16203
(Commission
File Number)
  84-1060803
(I.R.S. Employer
Identification Number)
370 17th Street
Suite 4300
Denver, Colorado 80202
Registrant’s telephone number, including area code: (303) 293-9133
No Change
(Former name or former address, if changed since last report)
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:
     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 2.02 Results of Operations and Financial Condition.
          On March 11, 2010, Delta Petroleum Corporation issued a press release reporting its financial and operating results for the fourth quarter and year ended December 31, 2009, a copy of which is attached hereto as Exhibit 99.1.
          The information in this Form 8-K, including Exhibit 99.1, is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing by the registrant under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
Item 9.01 Financial Statements and Exhibits.
     (d) Exhibits.
         
Exhibit    
No.   Description
  99.1    
Delta Petroleum Corporation Press Release, dated March 11, 2010.


 

SIGNATURE
          Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
          Date: March 11, 2010
         
  Delta Petroleum Corporation
 
 
  By:   /s/ Kevin K. Nanke    
    Kevin K. Nanke   
    Treasurer and Chief Financial Officer   

 


 

         
EXHIBIT INDEX
         
Exhibit    
No.   Description
  99.1    
Delta Petroleum Corporation Press Release, dated March 11, 2010.

 

EX-99.1 2 d71478exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
DELTA PETROLEUM CORPORATION
Daniel J. Taylor, Chairman
Kevin K. Nanke, Treasurer and CFO
John R. Wallace, President and COO
Broc Richardson, VP Corporate Development and Investor Relations
370 17th Street, Suite 4300
Denver, Colorado 80202
For Immediate Release
DELTA PETROLEUM CORPORATION
ANNOUNCES 2009 ANNUAL AND FOURTH QUARTER RESULTS
     DENVER, Colorado (March 11, 2010) – Delta Petroleum Corporation (Delta or the Company) (NASDAQ Global Market: DPTR), an independent oil and gas exploration and development company, today announced its financial and operating results for the fourth quarter and full year 2009.
     John Wallace, Delta’s President and COO stated, “We are pleased to report our financial results for the full year 2009 and for the fourth quarter of 2009. Clearly, 2009 proved to be a very challenging year for Delta beginning with the drop in natural gas prices during the first half of the year, and further compounded by liquidity and bank covenant concerns for much of the year. Yet, I am very pleased with how far we have come and, from an operational and liquidity perspective, how much we improved during the latter half of the year. Cash flow provided by operating activities totaled $61.0 million for the fourth quarter, which is up meaningfully over the third quarter. The fourth quarter of 2009 was the third consecutive quarter of substantial growth in EBITDAX (a non-GAAP measure), up 134% from third quarter levels. We have also been able to reduce our lease operating expenses to $1.26 per Mcfe for the fourth quarter, down 14% from the third quarter 2009. More importantly, the EBITDAX for the fourth quarter is sufficient to be in compliance with the leverage ratio covenant of our senior credit facility. While we obtained waivers for the first quarter of 2010, under the current commodity price forward curve, our current financial projections suggest that we will be in compliance with our financial covenants for the remainder of 2010.
     “Our liquidity situation has also improved materially, aided in no small part by the offshore litigation settlement proceeds received from the federal government at the end of the year, which netted approximately $48.7 million to Delta. While the proceeds are shown as cash on the December 31, 2009 balance sheet, subsequent to year-end, the proceeds of the settlement were used to reduce borrowings under our senior credit facility. With borrowing base availability and cash on hand, our liquidity position at December 31, 2009 was $102 million and is approximately $84 million as of today. Once the semi-annual borrowing base redetermination and the strategic alternatives process are completed we will announce our plans to recommence our drilling program in the Vega Area.
     “Regarding our proved reserves for year-end 2009, the base price used for the calculation was $3.03 per MMBtu for natural gas (the average of the first day of the month prices in 2009 for Colorado Interstate Gas), which resulted in proved reserves of 154 Bcfe. If we calculated our proved reserves based upon year-end CIG pricing of $5.54 per MMBtu for natural gas in accordance with the SEC’s former reserve reporting rules, our year-end proved reserves would have been approximately 830 Bcfe.
     “Given how challenging our situation was, I can’t help but be proud of how far we’ve come and where we stand today.”

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STRATEGIC ALTERNATIVES UPDATE
     As previously announced on November 30, 2009, Delta retained Morgan Stanley and Evercore Partners to evaluate and advise the Board of Directors on strategic alternatives to enhance shareholder value. The process is in its advanced stages and the Company does not expect to make further public comment regarding the process until the Board of Directors has approved a specific transaction or otherwise determines that disclosure of significant developments, if any, is appropriate.
2009 YEAR-END RESERVES
     For the year-ended December 31, 2009, Delta reported total estimated proved reserves of 154 billion cubic feet equivalents (Bcfe), compared to 884 Bcfe at December 31, 2008. Estimated proved reserves were 82% natural gas and 87% proved developed, with an after-tax PV-10 value of $156.7 million. Approximately 73% of proved reserves were located in the Rocky Mountains, 26% in the Gulf Coast and less than 1% in other locations. The reserves were prepared by an independent third party engineering firm.
     Prices used to calculate the Company’s estimated proved reserves reflect the pricing methodology required to be employed under the SEC’s new reserve reporting rules which uses the trailing 12-month average of the first of the month price, or $3.03 per MMBtu priced at Colorado Interstate Gas (CIG) and $61.18 per barrel of West Texas Intermediate (WTI) oil for 2009.
     Using the pricing methodology that applied under the old SEC reporting rules, total estimated proved reserves would have been 830 Bcfe, based on a single day year-end CIG price of $5.54 per MMBtu of natural gas and a WTI price of $79.36 per barrel of oil. The application of the new rules and their associated use of lower 12-month average prices in the calculation of reserves at December 31, 2009 resulted in a reduction in reported proved reserves of 677 Bcfe.
     Drilling and completion capital expenditures for the full year 2009 totaled $59.3 million. Total costs incurred in oil and gas operations during 2009, including acquisition, leasehold, drilling, completion, dry hole costs, seismic, asset retirement obligations and all other capitalized oil and gas related costs, approximated $97.7 million.
         
    Total  
    (MMcfe)  
Estimated Proved Reserves: Balance at December 31, 2008
    884,395  
 
       
Revisions of quantity estimate
    (725,536 )
Extensions and discoveries
    20,381  
Purchase of properties
     
Sale of properties
    (3,499 )
Production
    (22,156 )
 
     
 
       
Estimated Proved Reserves: Balance at December 31, 2009
    153,585  
 
     
 
       
Proved developed reserves:
       
December 31, 2008
    181,196  
December 31, 2009
    132,866  
Future net cash flows presented below are computed using year-end prices and costs and are net of all overriding royalty revenue interests.
Future corporate overhead expenses and interest expense have not been included.

2


 

         
    2009  
Future net cash flows
  $ 662,029  
Future costs:
       
Production
    125,108  
Development and abandonment
    77,965  
Income taxes*
     
 
     
Future net cash flows
    458,956  
10% discount factor
    (302,272 )
 
     
Standardized measure of discounted future net cash flows
  $ 156,684  
 
     
Estimated future development cost anticipated for following two years on existing properties
  $ 59,313  
 
     
 
*   No income tax provision is included in the standardized measure calculation shown above as the Company does not project to be taxable or pay cash income taxes based on its available tax assets and additional tax assets generated in the development of its reserves because the tax basis of its oil and properties and NOL carryforwards exceeds the amount of discounted future net earnings.
The principal sources of changes in the standardized measure of discounted net cash flows during the year-ended December 31, 2009 is as follows (in thousands):
         
Beginning of the year
  $ 159,368  
Sales of oil and gas production during the period, net of production costs
    (48,195 )
Purchase of reserves in place
     
Net change in prices and production costs
    (64,282 )
Changes in estimated future development costs
    741,318  
Extensions, discoveries and improved recovery
    17,509  
Revisions of previous quantity estimates, estimated timing of development and other
    (674,560 )
Previously estimated development and abandonment costs incurred during the period
    15,556  
Sales of reserves in place
    (5,967 )
Change in future income tax
     
Accretion of discount
    15,937  
 
     
End of year
  $ 156,684  
 
     
LIQUIDITY UPDATE
     At December 31, 2009, the Company had $61.9 million in cash and approximately $41 million available under its credit facility (based on the borrowing base as re-determined on October 30, 2009). On May 13, 2009, Delta completed an underwritten public offering of 172.5 million shares of common stock at $1.50 per share for net proceeds of $246.9 million, net of underwriting commissions and related offering expenses. On May 19, 2009, the Company received from the U.S. government approximately $47.0 million in net offshore litigation proceeds related to the Amber Case and on December 29, 2009 received an additional $48.7 million in net proceeds related to the offshore California lease 452 litigation. With proceeds from these transactions, Delta reduced its borrowings outstanding under the credit facility from $294.5 million at December 31, 2008 to $124.0 million at December 31, 2009, with $39.8 million of remaining availability based on the current $185.0 million borrowing base with a required minimum availability of $20.0 million and outstanding letters of credit totaling $1.2 million. The semi-annual scheduled borrowing base redetermination is currently in process, and the borrowing base could change depending on the lending banks’ commodity price forecasts as well as changes in

3


 

their calculations of Delta’s producing reserve base. In addition, the Company reduced its accounts payable from $159.0 million at December 31, 2008 to $44.2 million at December 31, 2009.
     The Company was in compliance with the capital expenditure and accounts payables covenants under its credit facility at December 31, 2009, and was also in compliance with the financial ratio covenants contained therein (although they had previously been waived for December 31, 2009 and March 31, 2010 in conjunction with the Second Amendment in October 2009). Although waivers were obtained for its financial ratio covenants for the quarter ending March 31, 2010, the Company anticipates being in compliance with its financial ratio covenants.
     DHS remained out of compliance with the debt covenants under its credit facility and its forbearance agreement with LCPI expired on June 15, 2009. As a result, amounts outstanding under the DHS credit facility are classified as a current liability in the accompanying consolidated balance sheet as of December 31, 2009. DHS continues discussions with its credit facility lender regarding amendments, waivers or other restructuring of the credit facility, but there can be no assurance that the lender will agree to any such amendments.
RESULTS FOR THE FOURTH QUARTER 2009
     For the quarter ended December 31, 2009, the Company reported production of 5.0 Bcfe, a decrease of 27% when compared with the fourth quarter of 2008. Total revenue increased 44% to $76.9 million in the quarter, versus revenue of $53.5 million in the quarter ended December 31, 2008, primarily, due to the gain on offshore litigation settlement. Revenue from oil and gas sales declined 13% to $29.9 million, compared with $34.5 million in the prior year quarter. The decrease was due to a 27% decrease in production partially offset by a 10% increase in the average gas price and a 38% increase in the average oil price. The average oil price received during the three months ended December 31, 2009 increased to $68.24 per barrel compared to $49.62 per barrel for the year earlier period. The average natural gas price received during the three months ended December 31, 2009 increased to $4.63 per thousand cubic feet (Mcf) compared to $4.22 per Mcf for the year earlier period. Revenue from contract drilling and trucking fees decreased 78% to $4.3 million in the current quarter, versus $19.1 million in the fourth quarter of 2008.
     The Company reported a fourth quarter net loss attributable to Delta common stockholders of ($34.1 million), or ($0.12) per diluted share, compared with net loss attributable to Delta common stockholders of ($460.7 million), or ($4.55) per diluted share, in the fourth quarter of 2008. The decreased loss was primarily due to fewer dry holes and impairments recorded in 2009 as compared to 2008, and offshore litigation gains offset by lower oil and gas sales in 2009.

4


 

FOURTH QUARTER 2009 PRODUCTION VOLUMES, UNIT PRICES AND COSTS
     Production volumes, average prices received and cost per equivalent Mcf for the three months ended December 31, 2009 and 2008 were as follows:
                 
    Three Months Ended December 31,  
    2009     2008  
Production – Continuing Operations:
               
Oil (MBbl)
    167       233  
Gas (MMcf)
    4,000       5,417  
 
               
Total Production (MMcfe)
    5,003       6,817  
 
               
Average Price – Continuing Operations:
               
Oil (per barrel)
  $ 68.24     $ 49.62  
Gas (per Mcf)
  $ 4.63     $ 4.22  
 
               
Costs per Mcfe – Continuing Operations:
               
Lease operating expense
  $ 1.26     $ 1.29  
Production taxes
  $ 0.02     $ 0.06  
Transportation costs
  $ 0.75     $ 0.51  
Depletion expense
  $ 5.03     $ 3.06  
     Lease Operating Expense. Lease operating expenses for the quarter ended December 31, 2009 were $6.3 million compared to $8.8 million for the year earlier period. The average lease operating expense per Mcfe was $1.26 per Mcfe as compared to $1.29 per Mcfe for the year earlier period.
     Transportation Costs. Transportation costs increased 8% to $3.8 million for the quarter ended December 31, 2009, as compared to $3.5 million for the year earlier period and 47% on a per Mcfe basis. This increase is due to a new marketing arrangement for the majority of the operated Piceance Basin gas in the Vega area. Although the Company’s new marketing agreement results in higher transportation costs, this increase is more than offset by higher revenues from improved natural gas liquids recoveries at the higher efficiency plant and a greater percentage of natural gas liquids retained. As a result of these changes, based on current oil, gas and NGL prices, the net profitability has improved substantially.
     Depreciation, Depletion and Amortization – oil and gas. Depreciation, depletion and amortization expense increased 20% to $26.0 million for the quarter ended December 31, 2009, as compared to $21.7 million for the year earlier period. Depletion expense for the quarter ended December 31, 2009 was $25.2 million compared to $20.9 million for the quarter ended December 31, 2008. The depletion rate increased to $5.03 per Mcfe for the quarter ended December 31, 2009 from $3.06 per Mcfe for the year earlier period.
RESULTS FOR THE FULL YEAR 2009
     For the year-ended December 31, 2009, the Company reported total production of 22.2 Bcfe, which was a decrease of 11% from the previous year, but exceeded the previously stated guidance given for 2009. For the year-ended December 31 2009, oil and gas sales from continuing operations decreased 57% to $95.0 million, compared with $221.7 million in the comparable period a year earlier. The decrease resulted from a 54% decrease in the average gas price and a 43% decrease in the average oil price, in addition to an 11% decrease in total production. Drilling and trucking revenue decreased 72% to $13.7 million, from $49.4 million in the prior-year period, due to the decrease in the number of rigs operating during the year.
     For the year-ended December 31, 2009, the Company reported a net loss of ($328.8) million, or ($1.56) per diluted share, compared with a net loss of ($456.1 million), or ($4.77) per diluted share, for the year-ended December 31, 2008.

5


 

FULL YEAR 2009 PRODUCTION VOLUMES, UNIT PRICES AND COSTS
     Production volumes, average prices received and cost per equivalent Mcf for the years ended December 31, 2009 and 2008 are as follows:
                 
    Years Ended December 31,  
    2009     2008  
Production – Continuing Operations:
               
Oil (MBbl)
    761       993  
Gas (MMcf)
    17,590       18,948  
 
               
Total Production (MMcfe)
    22,156       24,908  
 
               
Average Price – Continuing Operations:
               
Oil (per barrel)
  $ 52.37     $ 92.12  
Gas (per Mcf)
  $ 3.13     $ 6.87  
 
               
Costs per Mcfe – Continuing Operations:
               
Lease operating expense
  $ 1.41     $ 1.35  
Production taxes
  $ 0.17     $ 0.48  
Transportation costs
  $ 0.52     $ 0.46  
Depletion expense
  $ 4.76     $ 3.87  
     Lease Operating Expense. Lease operating expenses for the year-ended December 31, 2009 were $31.3 million compared to $33.5 million for the year earlier period. Lease operating expense from continuing operations for the year-ended December 31, 2009 remained relatively flat from the year earlier period. However, lease operating expenses increased on a per unit basis primarily due to declining production. The average lease operating expense was $1.41 per Mcfe in 2009 as compared to $1.35 per Mcfe for the year earlier period.
     Depreciation, Depletion and Amortization – oil and gas. Depreciation, depletion and amortization expense increased 9% to $108.5 million for the year-ended December 31, 2009, as compared to $99.1 million for the year earlier period. Depletion expense for the year-ended December 31, 2009 was $105.4 million compared to $96.5 million for the year-ended December 31, 2008. The 9% increase in depletion expense was primarily due to a 23% increase in the depletion rate. The depletion rate increased to $4.76 per Mcfe for the year-ended December 31, 2009 from $3.87 per Mcfe for the year earlier period. The increase is primarily due to the effect of low Rockies gas prices throughout most of 2009 and low 12-month average historical prices at December 31, 2009 on the reserves used in the depletion calculation. Based on current commodity prices, the Company expects its depletion rate to decline in 2010 due to additional Rockies proved undeveloped reserves that can be recorded at higher prices.
     General and Administrative Expense. General and administrative expense decreased 23% to $41.4 million for the year-ended December 31, 2009, as compared to $53.6 million for the comparable prior year period. The decrease in general and administrative expenses is primarily attributed to lower expenses incurred on employee benefits and wages from reductions in force during 2009 and a decrease in non-cash stock compensation expense. We would expect further reductions to full year cash general and administrative expenses in 2010 as changes implemented in 2009 take full effect.

6


 

ADDITIONAL FINANCIAL INFORMATION
     The following table summarizes the Company’s open derivative contracts at December 31, 2009, required pursuant to the Company’s credit agreement:
                                                 
Commodity   Volume   Fixed Price   Term   Index Price
Crude oil
    1,000     Bbls / Day   $ 52.25     Jan ’10   - Dec ’10   NYMEX – WTI
Crude oil
    500     Bbls / Day   $ 57.70     Jan ’11   - Dec ’11   NYMEX – WTI
Natural gas
    6,000     MMBtu / Day   $ 5.720     Jan ’10   - Dec ’10   NYMEX – HHUB
Natural gas
    15,000     MMBtu / Day   $ 4.105     Jan ’10   - Dec ’10   CIG
Natural gas
    5,367     MMBtu / Day   $ 3.973     Jan ’10   - Dec ’10   CIG
Natural gas
    12,000     MMBtu / Day   $ 5.150     Jan ’11   - Dec ’11   CIG
Natural gas
    3,253     MMBtu / Day   $ 5.040     Jan ’11   - Dec ’11   CIG
     The pre-credit risk adjusted fair value of the Company’s net derivative liabilities as of December 31, 2009 was $29.5 million. A credit risk adjustment of $2.5 million to the fair value of the derivatives reduced the reported amount of the net derivative liabilities on the Company’s consolidated balance sheet to $27.0 million.
OPERATIONS UPDATE
     Piceance Basin, CO, 31% – 100% WI – Current production from the Piceance Basin approximates 27.4 million cubic feet equivalent per day (Mmcfe/d) net. During the fourth quarter 2009 the Company completed 4 wells from its drilled and uncompleted inventory in the Vega Area. The Company expects to complete the remaining 19 drilled and uncompleted wells in 2010. Additionally, the operator of Garden Gulch has a one rig drilling program ongoing. As mentioned previously, the Company’s liquidity position is sufficient to recommence continuous drilling activity in the Piceance Basin.
     The Company’s new water treatment facility is under construction and is expected to be operational by the middle of the second quarter. Additionally, Delta has completed and commenced operations of its new compression facility that will allow for significant increased production volumes in the future.
2010 CAPITAL EXPENDITURES AND PRODUCTION GUIDANCE
     Although Delta’s capital expenditure budget was reduced dramatically in 2009 due to significant declines in commodity prices and the availability of capital, the Company’s financial condition has improved and Rockies gas prices have recently begun to return to more attractive levels for additional development. The Company expects to announce its 2010 drilling plans and production guidance once the strategic alternatives evaluation process and borrowing base redetermination are complete.
INVESTOR CONFERENCE CALL
     The Company will host an investor conference call, Thursday, March 11, 2010 at 12:00 noon EST to discuss operating results for the fourth quarter and full year 2009.
     Shareholders and other interested parties may participate in the conference call by dialing 800-860-2442 (international callers dial 412-858-4600) and referencing the ID code “Delta Petroleum call,” a few minutes before 12:00 noon Eastern Time on March 11, 2010. The call will also be broadcast live and can be accessed through the Company’s website at http://www.deltapetro.com/eventscalendar.html. A replay of the conference call will be available one hour after the completion of the conference call from March 11, 2010 until March 19, 2010 by dialing 877-344-7529 (international callers dial 412-317-0088) and entering the conference ID 438003.
ABOUT DELTA PETROLEUM CORPORATION
     Delta Petroleum Corporation is an oil and gas exploration and development company based in Denver, Colorado. The Company’s core areas of operations are the Rocky Mountain and Gulf Coast Regions, which comprise the majority of its proved reserves, production and long-term growth prospects. Its common stock is listed on the NASDAQ Global Market System under the symbol “DPTR.”

7


 

FORWARD-LOOKING STATEMENTS
     Forward-looking statements in this announcement are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Readers are cautioned that all forward-looking statements are based on management’s present expectations, estimates and projections, but involve risks and uncertainty, including without limitation the effects of oil and natural gas prices, availability of capital to fund required payments on our credit facility and our working capital needs, the outcome of our strategic alternatives process, the outcome of our borrowing base redetermination, the contraction in demand for natural gas in the United States, uncertainties in the projection of future rates of production, unanticipated recovery or production problems, unanticipated results from wells being drilled or completed, the effects of delays in completion of gas gathering systems, pipelines and processing facilities, as well as general market conditions, competition and pricing. The United States Securities and Exchange Commission permits oil and gas companies, in their filings with the SEC, to disclose only proved reserves that a company has demonstrated by actual production or conclusive formation tests to be economically and legally producible under existing economic and operating conditions. Please refer to the Company’s report on Form 10-K for the year-ended December 31, 2008 and subsequent reports on Forms 10-Q and 8-K as filed with the Securities and Exchange Commission for additional information. The Company is under no obligation (and expressly disclaims any obligation) to update or alter its forward-looking statements, whether as a result of new information, future events or otherwise.
For further information contact the Company at (303) 293-9133 or via email at info@deltapetro.com
SOURCE: Delta Petroleum Corporation

8


 

DELTA PETROLEUM CORPORATION
AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
(Unaudited)
                 
    December 31,     December 31,  
    2009     2008  
    (In thousands, except share data)  
ASSETS
               
Current assets:
               
Cash and cash equivalents
  $ 61,918     $ 65,475  
Short-term restricted deposits
    100,000       100,000  
Trade accounts receivable, net of allowance for doubtful accounts of $100 and $652, respectively
    16,654       30,437  
Deposits and prepaid assets
    3,103       11,253  
Inventories
    5,588       9,140  
Deferred tax assets
          231  
Other current assets
    5,189       6,221  
 
           
Total current assets
    192,452       222,757  
 
               
Property and equipment:
               
Oil and gas properties, successful efforts method of accounting:
               
Unproved
    280,844       415,573  
Proved
    1,379,920       1,365,440  
Drilling and trucking equipment
    177,762       194,223  
Pipeline and gathering systems
    92,064       86,076  
Other
    16,154       29,107  
 
           
Total property and equipment
    1,946,744       2,090,419  
Less accumulated depreciation and depletion
    (800,501 )     (658,279 )
 
           
Net property and equipment
    1,146,243       1,432,140  
 
           
Long-term assets:
               
Long-term restricted deposit
    100,000       200,000  
Marketable securities
          1,977  
Investments in unconsolidated affiliates
    7,444       17,989  
Deferred financing costs
    3,017       7,640  
Other long-term assets
    8,329       12,460  
 
           
Total long-term assets
    118,790       240,066  
 
           
 
               
Total assets
  $ 1,457,485     $ 1,894,963  
 
           
 
               
LIABILITIES AND EQUITY
               
Current liabilities:
               
Credit facility – Delta
  $     $ 294,475  
Credit facility – DHS
    83,268        
Installments payable on property acquisition
    97,874       97,453  
Accounts payable
    44,225       159,024  
Offshore litigation payable
    13,877        
Other accrued liabilities
    13,459       13,576  
Derivative instruments
    19,497        
 
           
Total current liabilities
    272,200       564,528  
 
               
Long-term liabilities:
               
Installments payable on property acquisition, net of current portion
    95,381       188,334  
7% Senior notes
    149,609       149,534  
33/4% Senior convertible notes
    104,008       99,616  
Credit facility — Delta
    124,038        
Credit facility — DHS
          93,848  
Asset retirement obligations
    7,654       6,585  
Derivative instruments
    7,475        
Deferred tax liabilities
          1,024  
 
           
Total long-term liabilities
    488,165       538,941  
 
               
Commitments and contingencies
               
 
               
Equity:
               
Preferred stock, $.01 par value:
               
authorized 3,000,000 shares, none issued
           
Common stock, $.01 par value; authorized 300,000,000 shares, issued 282,548,000 shares at December 31, 2009 and 103,424,000 shares at December 31, 2008
    2,825       1,034  
Additional paid-in capital
    1,625,035       1,372,123  
Treasury stock at cost; 42,000 shares at December 31, 2009 and 36,000 shares at December 31, 2008
    (268 )     (540 )
Accumulated deficit
    (939,010 )     (610,227 )
 
           
Total Delta stockholders’ equity
    688,582       762,390  
 
           
Non-controlling interest
    8,538       29,104  
 
           
Total equity
    697,120       791,494  
 
           
 
               
Total liabilities and equity
  $ 1,457,485     $ 1,894,963  
 
           

9


 

DELTA PETROLEUM CORPORATION
AND SUBSIDIARIES
CONSOLIDATED STATEMENT OF OPERATIONS
(Unaudited)
                                 
    Three Months Ended     Twelve Months Ended  
    December 31,     December 31,  
    2009     2008     2009     2008  
    (In thousands, except per share amounts)  
Revenue:
                               
Oil and gas sales
  $ 29,921     $ 34,453     $ 94,962     $ 221,733  
Contract drilling and trucking fees
    4,255       19,090       13,680       49,445  
Gain on offshore litigation settlement, net of property sales
    42,746             73,800        
 
                       
 
                               
Total revenue
    76,922       53,543       182,442       271,178  
 
                       
 
                               
Operating expenses:
                               
Lease operating expense
    6,290       8,786       31,303       33,508  
Transportation expense
    3,763       3,493       11,612       11,395  
Production taxes
    91       409       3,852       12,075  
Exploration expense
    182       5,170       2,604       10,975  
Dry hole costs and impairments
    34,109       428,046       189,072       438,963  
Depreciation, depletion, amortization and accretion — oil and gas
    26,036       21,734       108,505       99,125  
Drilling and trucking operating expenses
    4,877       11,997       15,293       32,594  
Goodwill and drilling equipment impairments
          29,349       6,508       29,349  
Depreciation and amortization — drilling and trucking
    5,405       4,561       22,917       14,134  
General and administrative expense
    9,869       11,468       41,414       53,607  
Executive severance expense, net
                3,739        
 
                       
Total operating expenses
    90,622       525,013       436,819       735,725  
 
                       
 
                               
Operating Loss
    (13,700 )     (471,470 )     (254,377 )     (464,547 )
 
                       
 
                               
Other income and (expense):
                               
Interest expense and financing costs
    (11,349 )     (15,273 )     (55,035 )     (45,489 )
Interest income
    675       1,732       2,454       10,132  
Other income (expense)
    (580 )     (1,584 )     1,049       (5,210 )
Realized gain (loss) on derivative instruments, net
    (1,485 )     16,328       (1,115 )     18,383  
Unrealized gain (loss) on derivative instruments, net
    62       (10,209 )     (26,972 )     3,365  
Income (loss) from unconsolidated affiliates
    (12,149 )     562       (15,473 )     3,375  
 
                       
 
                               
Total other expense
    (24,826 )     (8,444 )     (95,092 )     (15,444 )
 
                       
 
                               
Loss from continuing operations before income taxes and discontinued operations
    (38,526 )     (479,914 )     (349,469 )     (479,991 )
 
                               
Income tax expense (benefit)
    268       (8,091 )     215       (11,723 )
 
                       
 
                               
Loss from continuing operations
    (38,794 )     (471,823 )     (349,684 )     (468,268 )
 
                               
Discontinued operations:
                               
 
Gain (loss) on sale of discontinued operations, net of tax
          (1 )           718  
 
                       
 
                               
Net Loss
    (38,794     (471,824     (349,684     (467,550
 
Less net loss attributable to non-controlling interest
    4,710       11,131       20,901       11,486  
 
                       
 
                               
Net loss attributable to Delta common stockholders
  $ (34,084 )   $ (460,693 )   $ (328,783 )   $ (456,064 )
 
                       
 
                               
Amounts attributable to Delta common stockholders:
                               
Loss from continuing operations
  $ (34,084 )   $ (460,692 )   $ (328,783 )   $ (456,782 )
Income (loss) from discontinued operations, net of tax
          (1 )           718  
 
                       
Net loss
  $ (34,084 )   $ (460,693 )   $ (328,783 )   $ (456,064 )
 
                       
 
                               
Basic income (loss) attributable to Delta common stockholders per common share:
                               
Loss from continuing operations
  $ (0.12 )   $ (4.55 )   $ (1.56 )   $ (4.78 )
Discontinued operations
                      0.01  
 
                       
Net loss
  $ (0.12 )   $ (4.55 )   $ (1.56 )   $ (4.77 )
 
                       
 
                               
Diluted income (loss) attributable to Delta common stockholders per common share:
                               
Loss from continuing operations
  $ (0.12 )   $ (4.55 )   $ (1.56 )   $ (4.78 )
Discontinued operations
                      0.01  
 
                       
Net loss
  $ (0.12 )   $ (4.55 )   $ (1.56 )   $ (4.77 )
 
                       
 
                               
Weighted average common shares outstanding:
                               
Basic
    274,878       101,272       211,033       95,530  
Diluted
    274,878       101,272       211,033       95,530  

10


 

DELTA PETROLEUM CORPORATION
RECONCILIATION OF DISCRETIONARY CASH FLOW AND EBITDAX
(Unaudited)
(In thousands)
                 
THREE MONTHS ENDED   December 31,     December 31,  
    2009     2008  
CASH PROVIDED BY OPERATING ACTIVITIES
  $ 60,985     $ 47,358  
Changes in assets and liabilities
    (9,403 )     (16,879 )
Less net proceeds from offshore litigation award
    (48,657 )      
Exploration costs
    182       5,170  
 
           
Discretionary cash flow (deficiency)*
  $ 3,107     $ 35,649  
 
           
                 
TWELVE MONTHS ENDED:   December 31,     December 31,  
    2009     2008  
CASH PROVIDED BY OPERATING ACTIVITIES
  $ 81,144     $ 140,676  
Changes in assets and liabilities
    (10,516 )     (9,205 )
Less net proceeds from offshore litigation award
    (97,358 )      
Exploration costs
    2,604       10,975  
 
           
Discretionary cash flow (deficiency)*
  $ (24,126 )   $ 142,446  
 
           
 
*   Discretionary cash flow represents net cash provided by operating activities before changes in assets and liabilities and offshore litigation plus exploration costs. Discretionary cash flow is presented as a supplemental financial measurement in the evaluation of our business. We believe that it provides additional information regarding our ability to meet our future debt service, capital expenditures and working capital requirements. This measure is widely used by investors and rating agencies in the valuation, comparison, rating and investment recommendations of companies. Discretionary cash flow is not a measure of financial performance under GAAP. Accordingly, it should not be considered as a substitute for cash flows from operating, investing or financing activities as an indicator of cash flows, or as a measure of liquidity.
                 
THREE MONTHS ENDED   December 31,     December 31,  
    2009     2008  
Net income (loss)
  $ (38,794 )   $ (471,824 )
Minority Interest
    4,710       11,131  
Income tax expense (benefit)
    268       (8,091 )
Interest income
    (675 )     (1,732 )
Interest and financing costs
    11,349       15,273  
Depletion, depreciation and amortization
    31,441       26,295  
Gain on offshore litigation award, sale of drilling rig and other
    (42,238 )     1  
Unrealized loss on derivative instruments
    (62 )     10,209  
Exploration, dry hole and impairment costs
    45,322       462,562  
 
           
EBITDAX**
  $ 11,321     $ 43,824  
 
           
                 
THREE MONTHS ENDED   December 31,     December 31,  
    2009     2008  
CASH PROVIDED BY OPERATING ACTIVITIES
  $ 60,985     $ 47,358  
Changes in assets and liabilities
    (9,403 )     (16,879 )
Net proceeds from offshore litigation award
    (48,657 )      
Less Interest net of financing costs
    7,096       8,378  
Exploration costs
    182       (1,016 )
Impairment of unconsolidated affiliates
    11,032        
Other non-cash items
    (9,914 )     5,983  
 
           
EBITDAX**
  $ 11,321     $ 43,824  
 
           
                 
TWELVE MONTHS ENDED   December 31,     December 31,  
    2009     2008  
Net income (loss)
  $ (349,684 )   $ (467,550 )
Minority Interest
    20,901       11,486  
Income tax benefit
    215       (11,723 )
Interest income
    (2,454 )     (10,132 )
Interest and financing costs
    55,035       45,489  
Depletion, depreciation and amortization
    131,422       113,259  
Gain on offshore litigation award, sale of drilling rig and other
    (74,955 )     (718 )
Unrealized loss on derivative instruments
    26,972       (3,365 )
Exploration, dry hole and impairment costs
    212,247       479,287  
 
           
EBITDAX**
  $ 19,699     $ 156,033  
 
           
                 
TWELVE MONTHS ENDED   December 31,     December 31,  
    2009     2008  
CASH PROVIDED BY OPERATING ACTIVITIES
  $ 81,144     $ 140,676  
Changes in assets and liabilities
    (10,516 )     (9,205 )
Less net proceeds from offshore litigation award
    (97,358 )      
Interest net of financing costs
    33,392       19,959  
Exploration costs
    2,604       10,975  
Impairment of unconsolidated affiliates
    14,063        
Other non-cash items
    (3,630 )     (6,372 )
 
           
EBITDAX**
  $ 19,699     $ 156,033  
 
           

11


 

 
**   EBITDAX represents net income (loss) attributable to Delta common stockholders before income tax expense (benefit), interest and financing costs, depreciation, depletion and amortization expense, gain on sale of oil and gas properties, offshore litigation and other investments, unrealized gains (loss) on derivative contracts and exploration and impairment and dry hole costs. EBITDAX is presented as a supplemental financial measurement in the evaluation of our business. We believe that it provides additional information regarding our ability to meet our future debt service, capital expenditures and working capital requirements. This measure is widely used by investors and rating agencies in the valuation, comparison, rating and investment recommendations of companies. EBITDAX is also a financial measurement that, with certain negotiated adjustments, is reported to our lenders pursuant to our bank credit agreement and is used in the financial covenants in our bank credit agreement and our senior note indentures. EBITDAX is not a measure of financial performance under GAAP. Accordingly, it should not be considered as a substitute for net income, income from operations, or cash flow provided by (used in) operating activities prepared in accordance with GAAP.

12

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