Foothills Resources, Inc. Reports on Credit Facility
August 15 2008 - 8:30AM
PR Newswire (US)
BAKERSFIELD, Calif., Aug. 15 /PRNewswire-FirstCall/ -- Foothills
Resources, Inc. (OTC:FTRS) (BULLETIN BOARD: FTRS) (the "Company")
today announced that it has entered into a Forbearance Agreement
with its lenders in connection with defaults on financial covenants
contained in its Credit Agreement with various lenders and Wells
Fargo Foothill, LLC, as agent (the "Credit Facility"). The
Forbearance Agreement requires the Company to retain an independent
investment adviser for the purpose of assisting the Company in
developing and facilitating a plan of restructuring and to deliver
to the lenders on or before September 15, 2008 a definitive,
written plan of restructuring. The plan of restructuring will
provide for specific courses of action by the Company, as well as a
specific timeline, to either cure the default or restructure the
Credit Facility. The restructuring plan is expected to consider a
range of strategic alternatives, which may include a sale of a
portion of the Company's assets, a merger or other business
combination, or the issuance of equity or other securities, in
connection with the repayment of all or a portion of the Company's
obligations under the Credit Facility. The Credit Facility provides
for a $50 million term loan facility and a $50 million revolving
credit facility, with an initial borrowing base of $25 million
available under the revolving credit facility. The Credit Facility
is secured by liens and security interests on substantially all of
the Company's assets, including 100% of its oil and gas reserves.
Amounts outstanding under the Credit Facility currently consist of
$50 million under the term loan facility and approximately $21.9
million under the revolving loan facility. The Credit Facility
contains financial covenants pertaining to asset coverage, interest
coverage and leverage ratios. A violation of any of these financial
covenants, unless waived by the Company's lenders, constitutes an
event of default under the Credit Facility, giving the Company's
lenders the right to terminate their obligations to make additional
loans under the Credit Facility, demand immediate payment in full
of all amounts outstanding, foreclose on collateral and exercise
other rights and remedies granted under the Credit Facility and as
may be available pursuant to applicable law. Principally because of
higher than expected drilling costs and poorer than anticipated
results from the Company's activities in the Eel River Basin of
California, the Company was not in compliance with the asset
coverage and leverage ratio covenants and was in default under the
Credit Facility as of June 30, 2008. The lenders have agreed to
forbear the exercise of their remedies under the Credit Facility
until September 15, 2008. The Company expects to generate cash flow
from operations sufficient to service the debt under the Credit
Facility prior to its stated maturity and to fund its liquidity
requirements, provided that there is not otherwise an event of
default and acceleration of the maturity of the debt. In the event
that the Company's lenders decline to permanently waive the
non-compliance and the Company is unable to cure the default, the
lenders can exercise their right to demand immediate payment of the
Company's obligations under the Credit Facility on September 15,
2008 (or earlier in the event of a termination event under the
Forbearance Agreement). The Company does not currently have
sufficient liquidity to satisfy its obligations under the Credit
Facility in the event that the lenders demand immediate repayment
of such obligations. The forbearance expires on September 15, 2008,
and the Company expects to require similar forbearance agreements
in future periods. There can be no assurance that the Company will
be able to negotiate an amendment to the Credit Facility or
additional forbearances, that such amendment or forbearances will
be on terms acceptable to the Company, or that the Company will be
able to complete any of the strategic alternatives on satisfactory
terms, or at all. The restructuring plan may impair the Company's
operations and future prospects. About Foothills Resources, Inc.
Foothills Resources, Inc. is a growth-oriented independent energy
company engaged in the acquisition, exploration, exploitation and
production of oil and natural gas opportunities in California,
Texas and Oklahoma. Additional information on Foothills Resources
is available at http://www.foothills-resources.com/. SEC Filings
and Forward-Looking Statements This press release contains
forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended. All statements, other
than statements of historical facts, included in this press release
that address activities, events or developments that we expect or
anticipate will or may occur in the future are forward-looking
statements. The words "will," "should," "believe," "intend,"
"expect," "anticipate," "project," "estimate," "predict," "plan"
and similar expressions are also intended to identify
forward-looking statements. These forward-looking statements
include, but are not limited to, statements regarding business
strategy and expansion and growth of our business and operations.
Such forward-looking statements involve assumptions and are subject
to known and unknown risks and uncertainties that could cause
actual results or performance to differ materially from those
expressed or implied by such forward-looking statements. Although
we believe that the assumptions reflected in such forward-looking
statements are reasonable, we can give no assurance that such
assumptions will prove to have been correct. You should also know
that such statements are not guaranties of future performance and
are subject to risks, uncertainties and assumptions, including, but
not limited to, our ability to negotiate additional forbearances,
our ability to maintain compliance with covenants of our Credit
Facility or Forbearance Agreement, our compliance with the terms of
the Credit Facility, our ability to consummate any strategic
alternatives, our ability to discover reserves that may be
extracted on a commercially viable basis, our ability to accurately
estimate oil and gas reserves, intense competition, environmental
risks and general economic conditions including the price of oil
and gas. Readers are urged not to place undue reliance on these
forward- looking statements, which speak only as of the date of
this release. Should any of these risks or uncertainties
materialize, or should any of our assumptions prove incorrect,
actual results may differ materially from those included within
these forward-looking statements. We undertake no obligation to
publicly release the result of any revision to these
forward-looking statements to reflect events or circumstances
occurring after the date of this release or to reflect the
occurrence of unanticipated events. Readers are urged to carefully
review and consider the various disclosures made by us in our
reports filed with the Securities and Exchange Commission,
including the Company's Report on Form 10-Q for the quarter ended
June 30, 2008, which attempt to advise interested parties of the
risks and factors that may affect our business, financial
condition, results of operations and cash flows. DATASOURCE:
Foothills Resources, Inc. CONTACT: Dennis B. Tower, Chief Executive
Officer, or John L. Moran, President, or W. Kirk Bosche, Chief
Financial Officer, all of Foothills Resources, Inc., 1-888-662-3877
Web site: http://www.foothills-resources.com/
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