-----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, IiT9GKyrcJg9QXa48GdOQAf71kMvZGouecZyIPi06qGB0LRBQNHHjWLhkfhibXc/ jU5NeE6L8sBQ0qqDAteYJQ== 0000837759-02-000006.txt : 20020419 0000837759-02-000006.hdr.sgml : 20020419 ACCESSION NUMBER: 0000837759-02-000006 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20011231 FILED AS OF DATE: 20020419 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MALLON RESOURCES CORP CENTRAL INDEX KEY: 0000837759 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 841095959 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-13124 FILM NUMBER: 02615422 BUSINESS ADDRESS: STREET 1: 999 18TH ST STE 1700 CITY: DENVER STATE: CO ZIP: 80202 BUSINESS PHONE: 3032932333 MAIL ADDRESS: STREET 1: 999 18TH STREET STREET 2: STE 1700 CITY: DENVER STATE: CO ZIP: 80202 10-K/A 1 kaedgar.txt ___________________________ Securities and Exchange Commission Washington, D.C. 20549 Form 10-K/A Amendment to Report Filed Pursuant to Section 12, 13 or 15(d) of the Securities Exchange Act of 1934 Mallon Resources Corporation (Exact name of Registrant as specified in its charter) 0-17267 (Commission file number) Amendment No. 1 The undersigned registrant hereby amends the following items, financial statements, exhibits or other portions of its Annual Report on Form 10K for the Year Ended December 31, 2001: Note 4 to the Consolidated Financial Statements (List of all such items, financial statements, exhibits or other portions amended) 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. Mallon Resources Corporation April 19, 2002 /s/ Roy K. Ross _________________________ Roy K. Ross, Executive Vice President ___________________________ NOTE 4 TO THE REGISTRANT'S CONSOLIDATED FINANCIAL STATEMTENTS INCLUDED IN REGISTRANT'S ANNUAL REPORT ON FORM 10K FOR THE YEAR ENDED DECEMBER 31, 2001, IS HEREBY AMENDED TO READ IN ITS ENTIRETY AS FOLLOWS: NOTE 4. COMMITMENTS AND CONTINGENCIES Operating Leases: The Company leases office space, office equipment and vehicles under non- cancelable leases which expire in 2003. Rental expense is recognized on a straight-line basis over the terms of the leases. The total minimum rental commitments at December 31, 2001 are as follows:
(In thousands) 2002 $238 2003 45 2004 20 Thereafter -- $303 ====
Rent expense was $337,000, $373,000 and $305,000 for the years ended December 31, 2001, 2000 and 1999, respectively. Contingencies: As of December 31, 2001, the Revenue and Taxation Department of the Jicarilla Apache Nation (the "Nation") issued to the Company Possessory Interest Tax assessments for 1998, 1999, 2000 and 2001 totaling $3.3 million, as adjusted, including related penalties and interest. The Company has paid the assessments under protest. This amount is included in oil and gas production expenses in the Company's consolidated statement of operations for the year ended December 31, 2001. The Company has filed protests with the Nation taking the position that, among other things, certain rules and regulations promulgated in December 2000 by the Nation do not apply to the determination of Possessory Interest Tax for years prior to 2001. The protests have been denied. The Company has filed an appeal. In March 2002, the Company was assessed an additional $1.5 million for 2002. The Company intends to file a protest for this amount also. The Company has: 1) requested that the Legislative Council of the Nation grant the Company relief, and 2) engaged New Mexico counsel to represent it. The final outcome of this matter cannot yet be predicted. By letter dated October 9, 2001, the Company was advised that the Minerals Management Service will audit the royalties payable on production from certain oil and gas properties in which the Company owns an interest. The audit began in mid-November 2001. The final outcome of this matter cannot yet be predicted. In June 2001, in connection with staff cuts that were part of general corporate reductions, the Company terminated an employee. The employee filed a complaint, in which he claims he was wrongfully terminated. The Company believes the allegations of the suit are wholly without merit, and intends to defend itself vigorously, but cannot predict the outcome of the case. In December 1998, Del Mar Drilling Company ("Plaintiff") filed a civil action against Mallon Oil. Plaintiff sought damages for an alleged breach of contract in the amount of $348,100, plus interest, costs and attorney's fees. In March 2001, the Company settled with the Plaintiff by paying the Plaintiff $50,000 in cash, and conveying to the Plaintiff certain used drilling materials having an estimated salvage value of $14,000. In 1992, the Minerals Management Service commenced an audit of royalties payable on production from certain oil and gas properties in which the Company owns an interest. The audit was initiated against the predecessor operator of the properties, but the Company has since undertaken primary responsibility for resolving matters that arise out of the audit. The Company's liability with respect to the predecessor operator's liability is limited to $100,000. However, the Company may have an additional liability with respect to transactions that have occurred subsequent to its purchase of the oil and gas properties in question. The audit focused on several matters, the most significant of which were the manner in which production is measured and the manner in which royalties are calculated and accounted for. Certain alleged deficiencies preliminarily suggested by the audit were contested. Determinations contrary to several of the Company's positions were rendered in June 1999, which the Company has determined not to appeal. Certain key items relating to the calculation of royalties have yet to be determined. A determination contrary to the Company's position concerning so-called "major portion" issues was recently rendered by the Department of the Interior. The Company's interests in this controversy are represented by outside legal counsel who is appealing the Department of the Interior's rulings. In addition, the Company has recently determined to attempt to negotiate a private protocol addressing the manner in which royalties are calculated and accounted for. The final outcome of these matters cannot yet be predicted.
-----END PRIVACY-ENHANCED MESSAGE-----