Dune Energy Amends Credit Agreement to Modify Change of Control Definition
09 Julho 2009 - 11:55AM
PR Newswire (US)
HOUSTON, July 9 /PRNewswire-FirstCall/ -- Dune Energy, Inc. (NYSE
AMEX: DNE) announced it signed a second amendment to its credit
agreement with Wells Fargo Foothill modifying the Change of Control
definition and thus curing an Event of Default that had previously
been waived until July 17, 2009 by the lender as reported in an 8-K
dated May 11, 2009 and June 5, 2009. The Event of Default was
triggered on May 6, 2009 when the Permitted Holders no longer held
51% or more of our outstanding Common Stock. The Permitted Holders
were defined as Itera Holdings BV, Natural Gas Partners VII, LP,
Alan Gaines and James Watt. In the second quarter, 21,116 preferred
shares were converted into 31.2 million common shares resulting in
139.5 million common shares outstanding at the end of the quarter.
The Permitted Holders held approximately 40.3% of the outstanding
Common Stock of the Company at the end of the quarter. The modified
definition states in part that a Change of Control occurs if any
person or group other than the Permitted Holders becomes a
beneficial owner of 15% or more of the outstanding common stock of
the Company, that a majority of the members of the Board of
Directors do not constitute Continuing Directors, or that Frank
Smith, the Company's CFO or James Watt, the company's CEO cease
employment with the Company and a successor acceptable to the
lenders is not appointed within 30 days of termination of
employment. All other terms of the credit agreement remain
unchanged. At the end of the second quarter Dune had $12.8 million
in cash and $17 million borrowed against the $35 million available
under the revolver. This amount will be classified as current
liabilities at the end of the quarter as the maturity of the
facility is under one year. The revolver availability is subject to
a midyear review of reserves subject to the credit agreement. Dune
and Wells Fargo Foothill continue discussions to amend the credit
agreement to extend the term beyond the current maturity date of
May 15, 2010 and increase the availability under the revolver to up
to $50 million which is the maximum amount permitted by the
Company's other loan documents. To achieve the $50 million
availability, additional properties would have to be committed to
the revolver. James A. Watt, the Company's President and Chief
Executive Officer stated, "We are pleased that Wells Fargo Foothill
agreed to this amendment to cure a non-financial Event of Default
and we look forward to working with them once we conclude our
midyear reserve report on potentially structuring a longer term
credit agreement." Click here for more information:
http://www.duneenergy.com/news.html?b=1683&1=1 FORWARD-LOOKING
STATEMENTS: This document includes forward-looking statements.
Forward-looking statements include, but are not limited to,
statements concerning estimates of expected drilling and
development wells and associated costs, statements relating to
estimates of, and increases in, production, cash flows and values,
statements relating to the continued advancement of Dune Energy,
Inc.'s projects and other statements which are not historical
facts. When used in this document, the words such as "could,"
"plan," "estimate," "expect," "intend," "may," "potential,"
"should," and similar expressions are forward-looking statements.
Although Dune Energy, Inc. believes that its expectations reflected
in these forward-looking statements are reasonable, such statements
involve risks and uncertainties and no assurance can be given that
actual results will be consistent with these forward-looking
statements. Important factors that could cause actual results to
differ from these forward-looking statements include the potential
that the Company's projects will experience technological and
mechanical problems, geological conditions in the reservoir may not
result in commercial levels of oil and gas production, changes in
product prices and other risks disclosed in Dune's Annual report on
Form 10-K filed with the U.S. Securities and Exchange Commission.
Investor Contact: Steven J. Craig Sr. Vice President Investor
Relations and Administration 713-229-6300 DATASOURCE: Dune Energy,
Inc. CONTACT: Investors, Steven J. Craig, Sr. Vice President,
Investor Relations and Administration of Dune Energy, Inc.,
+1-713-229-6300 Web Site: http://www.duneenergy.com/
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