Energy Partners, Ltd. (“EPL” or the “Company”) (NYSE:EPL) announced
today that it was notified by the administrative agent for its bank
lending group that the semi-annual re-determination of the borrowing
base under its revolving credit facility was performed, resulting in a
new borrowing base of $45 million, down from the prior borrowing base of
$150 million. The Company currently has $83 million drawn under this
facility, which results in a borrowing base deficiency of $38 million.
The Company has been in discussions with the bank lender group about
potential financial and other covenant breaches that are likely to occur
during 2009 under its revolving credit facility.
The Company, along with its recently retained financial advisor, Parkman
Whaling LLC, are discussing with the bank lender group the Company’s
options to remedy the borrowing base deficiency, as permitted under the
credit agreement, as well as discussing amendments to the agreement to
provide waivers of compliance with financial and other covenants.
Management anticipates that the report of KPMG LLP, the Company’s
independent public accountants, relative to the Company’s 2008
consolidated financial statements will contain an explanatory paragraph
indicating substantial doubt about the Company’s ability to continue as
a going concern.
The Company also announced several management and governance changes
today. First, the Company announced today that its Chairman and Chief
Executive Officer, Richard A. Bachmann, has resigned with immediate
effect from all of his positions with the Company and its subsidiaries
and has stepped down as a member of the Board of Directors (the “Board”).
Second, the Company announced that, as part of its previously announced
exploration of strategic alternatives, it has been engaging in
discussions with an Ad Hoc Committee representing the holders of a
majority of its $450 million principal amount of senior unsecured notes.
The Board has formed a Restructuring Committee of the Board, consisting
of Jerry Carlisle, Jim Latimer and Bryant Patton, each of whom is an
independent member of the Board. The Board has instructed the
Restructuring Committee to negotiate with the Ad Hoc Committee regarding
the terms of a possible debt for equity exchange that is in the best
interest of the Company and acceptable to the senior unsecured
noteholders.
Third, the Company announced that it has engaged Alan Bell as the
Company’s Chief Restructuring Officer. Until his retirement in
June 2006, Mr. Bell was the director of Ernst & Young LLP’s energy
practice in the Southwest U.S. area.