DEBT

9 Months Ended

Sep. 30, 2021

Debt Disclosure [Abstract]

DEBT

8.       DEBT

The following table represents the Company’s outstanding debt.

	September 30, 2021			December 31, 2020
Senior Revolver Loan Agreement	$	7,369,500		$	8,124,000
2020 SBA Paycheck Protection Program Loan		—			160,700
2021 SBA Paycheck Protection Program Loan		106,850			—
Unsecured Promissory Note – Pardus		—			378,000
PIE Joint Development Agreement Loan, Related Party		463,569			315,273
Various Vehicle and Equipment Loans		295,567			57,935
Secured Convertible Note, Related Party (See Note 9)		5,700,000			—
Total Debt		13,935,486			9,035,908
Unamortized Debt Issue Costs		—			(14,587	)
Unamortized Discount		(3,202,063	)		—
Total Debt, Net of Debt Issue Costs and Unamortized Discount		10,733,423			9,021,321
Less current maturities		1,253,038			1,301,618
Total Long-Term Debt	$	9,480,385		$	7,719,703

On July 7, 2021 the Company entered into the Fourth Amendment to its Senior Revolver Loan Agreement (“the Amended Agreement”) with CrossFirst Bank (“CrossFirst”). The maximum amount that can be advanced under the Agreement is $20,000,000 and the existing commitment amount is $7,980,000 which is reduced by $300,000 per calendar quarter beginning September 30, 2021 and includes interest at Wall Street Journal Prime plus 150 basis points (4.75% as of September 30, 2021). The Amended Agreement matures on March 27, 2024. Collateral for the loan is a lien on all of the assets of Empire Louisiana and Empire North Dakota, wholly owned subsidiaries of the Company, Empire Louisiana and Empire North Dakota, and a first priority mortgage lien, pledge of and security interest in not less than 80% of Empire Louisiana’s and Empire North Dakota’s producing oil, gas and other leasehold and mineral interests. The Amended Agreement requires the Company maintain commodity derivatives at certain thresholds based on projected production and, beginning March 31, 2021, to maintain certain covenants including an EBITDAX to interest expense of at least 3:1 and funded debt to EBITDAX of 6:1 on a trailing twelve-month basis and reducing quarterly to 4:1 as of March 31, 2022 and thereafter. As of September 30, 2021, the Company has an outstanding loan balance of $7,369,500 under the Amended Agreement. The current maturities of the Amended Agreement is $1,200,000. The Company was in compliance with the loan covenants at September 30, 2021.

On April 1, 2020, in conjunction with the purchase of assets from Pardus Oil & Gas, LLC, the Company entered into an unsecured promissory note agreement with the seller in the amount of $378,000. The note was payable in one installment on April 1, 2021 and bore interest at the one-year LIBOR rate. The note was paid on April 1, 2021.

On May 5, 2020, the Company received an SBA Payroll Protection Plan (“PPP”) loan for $160,700. The loan was scheduled to mature on May 5, 2022 and had an interest rate of 1%. In June, 2021 the Company was informed that the SBA had forgiven the entire loan balance.

In August 2020, concurrent with the Joint Development Agreement with Petroleum and Independent Exploration, LLC (“PIE”), a related party, the Company entered into a term loan agreement dated August 1, 2020, whereby PIE will loan up to $2,000,000, at an interest rate of 6% per annum, maturing August 7, 2024 unless terminated earlier by PIE. The loan proceeds will be used for recompletion or workover of certain designated wells. In addition, the Company assigned a 70% working and revenue interest to PIE in the designated wells which will be applied to repayment of the loan. As of September 30, 2021, $463,569 has been advanced from the PIE loan (See Note 6).

On April 30, 2021 the Company received a Second Draw SBA Payroll Protection Plan (“PPP”) loan for $106,850. The loan was scheduled to mature on April 30, 2026 and has an interest rate of 1%. In October 2021 the Company was informed that the SBA had forgiven the entire loan balance (See Note 15).