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Commitments and Contingencies
12 Months Ended
Dec. 31, 2015
Commitments and Contingencies  
Commitments and Contingencies

15. Commitments and Contingencies

From time to time, we are involved in litigation, regulatory examinations and administrative proceedings primarily arising in the ordinary course of our business in jurisdictions in which we do business. Although the outcome of these matters cannot be predicted with certainty, management believes none of these matters, either individually or in the aggregate, would have a material effect upon the Company’s financial position; however, an unfavorable outcome could have a material adverse effect on our results from operations for a specific interim period or year.

The Jubilee Field in Ghana covers an area within both the WCTP and DT petroleum contract areas. Consistent with the Ghanaian Petroleum Law, the WCTP and DT petroleum contracts and as required by Ghana’s Ministry of Petroleum, it was agreed the Jubilee Field would be unitized for optimal resource recovery. Kosmos and its partners executed a comprehensive unitization and unit operating agreement, the Jubilee UUOA, to unitize the Jubilee Field and govern each party’s respective rights and duties in the Jubilee Unit, which was effective July 16, 2009. Pursuant to the terms of the Jubilee UUOA, the tract participations are subject to a process of redetermination. The initial redetermination process was completed on October 14, 2011. As a result of the initial redetermination process, our Unit Interest is 24.1%. These consolidated financial statements are based on these re determined tract participations. Our unit interest may change in the future should another redetermination occur.

The Company leases facilities under various operating leases that expire through 2019, including our office space. Rent expense under these agreements, was $4.7 million, $4.6 million and $4.1 million for the years ended December 31, 2015,  2014 and 2013, respectively.

We currently have a commitment to drill one exploration well in Morocco and Senegal.  In Morocco, our partner is obligated to fund our share of the cost of the exploration well, subject to a maximum spend of $120.0 million.  Additionally, we have 3D seismic requirements in Sao Tome and Morocco of 2,750 square kilometers and 1,200 square kilometers, respectively.

In June 2013, Kosmos Energy Ventures (“KEV”), a subsidiary of Kosmos Energy Ltd., signed a long term rig agreement with a subsidiary of Atwood Oceanics, Inc. for the new build 6th generation drillship “Atwood Achiever.” KEV took delivery of the Atwood Achiever in September 2014. The rig agreement originally covered an initial period of three years at a day rate of approximately $0.6 million, with an option to extend the agreement for an additional three year term. In September 2015, KEV amended the rig agreement effective October 1, 2015 to extend the contract end date by one year and reduce the rate to approximately $0.5 million per day. KEV is currently evaluating its option to revert to the original day rate of approximately $0.6 million per day and original agreement end date of November 2017. If KEV exercises the option, KEV would be required to make a rate recovery payment equal to the difference between the original day rate and the amended day rate multiplied by the number of days from the amendment effective date to the date the option is exercised plus certain administrative costs..

In November 2015, we entered into a line of credit agreement with one of our block partners, whereby, our partner may draw up to $30 million on the line of credit to pay their portion of costs under the petroleum agreement. Interest accrues on drawn balances at 7.875%. The agreement matures on December 31, 2017, or earlier if certain conditions are met. As of December 31, 2015, there were no amounts outstanding under the agreement.

Future minimum rental commitments under these leases at December 31, 2015, are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payments Due By Year(1)

 

 

    

Total

    

2016

    

2017

    

2018

    

2019

    

2020

    

Thereafter

 

 

 

(In thousands)

 

Operating leases(2)

 

$

12,970

 

$

3,230

 

$

3,286

 

$

3,323

 

$

3,131

 

$

 —

 

$

 —

 

Atwood Achiever drilling rig contract(3)

 

 

518,862

 

 

181,379

 

 

180,883

 

 

156,600

 

 

 —

 

 

 —

 

 

 —

 


(1)

Does not include purchase commitments for jointly owned fields and facilities where we are not the operator and excludes commitments for exploration activities, including well commitments, in our petroleum contracts.

(2)

Primarily relates to corporate office and foreign office leases.

(3)

Commitments calculated using the amended day rate of $0.5 million effective October 1, 2015, excluding applicable taxes.