Storm Cat Energy Corporation Announces Default Under Subordinated Convertible Notes, Provides Update of Credit Facility and Enga
October 31 2008 - 6:00AM
PR Newswire (US)
DENVER and CALGARY, Alberta, Oct. 31 /PRNewswire-FirstCall/ --
Storm Cat Energy Corporation (Amex: SCU; TSX: SME) today reported
that it failed to make its required quarterly interest payment when
due on September 30, 2008, and such failure has continued for a
period of 30 days, with respect to its Series A and Series B
Subordinated Convertible Notes each due March 31, 2012. The failure
of Storm Cat to make the required quarterly interest payment prior
to the expiration of such 30 day grace period constitutes an "Event
of Default" under the terms of each of the respective Note Purchase
Agreements. In connection with Storm Cat's previously reported and
continuing defaults under its Credit Agreement, its Lenders
notified the noteholders that pursuant to the terms of the Note
Purchase Agreements and the Subordination and Intercreditor
Agreement previously entered into by the noteholders, that the
Lenders were enforcing their rights (1) to prohibit Storm Cat from
making any payments to the noteholders, and (2) to require that the
noteholders standstill and not accelerate any amounts due under the
Notes upon an Event of Default or seek other enforcement or
redemption actions otherwise permitted under the Note Purchase
Agreements. Additionally, as a result of the Event of Default, the
rate of interest on the outstanding principal amount of the Notes
as well as any overdue interest will increase from 9 1/4% to 12.0%
per annum. Storm Cat has been in discussions with its Lenders since
mid-August in order to seek a waiver or forbearance of the defaults
under the Credit Agreement, to amend the Credit Agreement or
otherwise restructure the Company and seek a liquidity event.
Although Storm Cat intends to pursue in good faith efforts to
renegotiate or restructure the terms of the Credit Agreement, there
can be no assurance that these efforts will ultimately be
successful. In addition, any restructuring plan ultimately agreed
upon by Storm Cat and its Lenders may involve implementation
through a bankruptcy filing by Storm Cat and/or certain of its
subsidiaries. In the event that Storm Cat and its Lenders fail to
agree on the terms of a consensual restructuring of the obligations
under the Credit Agreement, the Lenders may attempt to effect an
acceleration of the obligations under the Credit Agreement. In such
event, a material adverse effect on the Company and its results of
operations would result. In connection with the above mentioned
defaults under the Credit Agreement, an affiliate of one of the
Lenders recently exercised its right to declare a cross-default on
Storm Cat's natural gas commodity swap agreements. The swap
agreements were terminated and amounts in the aggregate of $9.4
million owing to Storm Cat upon termination of the swap agreements
were paid to the Lenders to be set-off and reduce the amounts
outstanding under the Company's revolving credit facility. Because
Storm Cat remains in default under the Credit Agreement, it may not
re-borrow any funds used to pay down the revolving credit facility
without the consent of the Lenders in their sole discretion. As a
result of the termination of the swap agreements, Storm Cat is now
fully exposed to the impact of gas price fluctuations in the
commodity markets. As previously reported, Storm Cat has been
exploring since mid-May numerous alternatives to improve liquidity,
including raising capital, refinancing outstanding debt or the
potential sale of assets. Unfortunately, as a result of falling
commodity prices and the global financial crisis Storm Cat has been
unsuccessful to date. Nonetheless, in connection with on-going
discussions with its Lenders regarding potential restructuring
initiatives, Storm Cat has engaged Houston-based Parkman Whaling
LLC for the purpose of assisting the Company in exploring strategic
business alternatives as well as engaged Alvarez & Marsal, a
turnaround and restructuring firm, for the purpose of assisting the
Company with its restructuring efforts. About Storm Cat Energy
Storm Cat Energy is an independent oil and gas company focused on
the exploration, production and development of large unconventional
gas reserves from fractured shales, coal beds and tight sand
formations and, secondarily, from conventional formations. The
Company has producing properties in Wyoming's Powder River Basin
and Arkansas' Arkoma Basin and exploration and development acreage
in Canada. The Company's shares trade on the American Stock
Exchange under the symbol "SCU" and in Canada on the Toronto Stock
Exchange under the symbol "SME." Forward-looking Statements This
press release contains certain "forward-looking statements", as
defined in the United States Private Securities Litigation Reform
Act of 1995, and within the meaning of Canadian securities
legislation, relating to potential future production and growth,
proposed new wells and infrastructure improvements affecting the
Company's operations. Forward-looking statements are statements
that are not historical facts; they are generally, but not always,
identified by the words "expects," "plans," "anticipates,"
"believes," "intends, "estimates," "projects," "aims," "potential,"
"goal," "objective," "prospective," and similar expressions, or
that events or conditions "will," "would," "may," "can," "could" or
"should" occur. Forward-looking statements are based on the
beliefs, estimates and opinions of Storm Cat's management on the
date the statements are made and they involve a number of risks and
uncertainties. Consequently, there can be no assurances that such
statements will prove to be accurate and actual results and future
events could differ materially from those anticipated in such
statements. Storm Cat undertakes no obligation to update these
forward-looking statements if management's beliefs, estimates or
opinions, or other factors, should change. Factors that could cause
future results to differ materially from those anticipated in these
forward-looking statements include, but are not limited to: (i) the
Company's ability to continue as a going concern; (ii) the ability
to consummate any strategic alternatives; (iii) the ability of the
Company to obtain and maintain normal terms with vendors and
service providers; (iv) the Company's ability to maintain contracts
that are critical to its operations; (v) the potential adverse
impact of continuing defaults under its credit facility and
convertible notes on the Company's liquidity or results of
operations; (vi) the volatility of natural gas prices, the
possibility that exploration efforts will not yield economically
recoverable quantities of gas, accidents and other risks associated
with gas exploration and development operations, (vii) the ability
of the Company to fund and execute its business plan; (viii) the
ability of the Company to attract, motivate and/or retain key
executives and employees; (ix) the ability of the Company to
attract and retain customers and (x) the other risk factors
discussed in greater detail in the Company's various filings on
SEDAR (http://www.sedar.com/) with Canadian securities regulators
and its filings with the U.S. Securities and Exchange Commission,
including the Company's Form 10-K for the fiscal year ended
December 31, 2007. DATASOURCE: Storm Cat Energy Corporation
CONTACT: William Kent, Director, Investor Relations of Storm Cat
Energy Corporation, +1-303-991-5070 Web site:
http://www.stormcatenergy.com/
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