NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
1.
|
ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING
POLICIES
|
Brinx Resources Ltd. (the “Company”)
was incorporated under the laws of the State of Nevada on December 23, 1998, and issued its initial common stock in February 2001.
The Company holds oil and gas interests in Oklahoma and California. In 2006, the Company commenced oil and gas production and started
earning revenues.
The accompanying financial statements
of the Company are unaudited. In the opinion of management, the financial statements include all adjustments, consisting only of
normal recurring adjustments, necessary for fair presentation. The results of operations for the six-month period ended April 30,
2014 are not necessarily indicative of the operating results for the entire year. These financial statements should be read in
conjunction with the financial statements and notes included in the Company’s Form 10-K for the year ended October 31, 2013.
USE OF ESTIMATES
The preparation of financial
statement in conformity with generally accepted accounting principles requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial
statements and reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.
The oil and gas industry is subject,
by its nature, to environmental hazards and clean-up costs. At this time, management knows of no substantial costs from environmental
accidents or events for which the Company may be currently liable. In addition, the Company’s oil and gas business makes
it vulnerable to changes in prices of crude oil and natural gas. Such prices have been volatile in the past and can be expected
to be volatile in the future. By definition, proved reserves are based on current oil and gas prices and estimated reserves. Price
declines reduce the estimated quantity of proved reserves and increase annual depletion expense (which is based on proved reserves).
OIL AND GAS INTERESTS
The Company utilizes the full
cost method of accounting for oil and gas activities. Under this method, subject to a limitation based on estimated value, all
costs associated with property acquisition, exploration and development, including costs of unsuccessful exploration; are capitalized
within a cost center. No gain or loss is recognized upon the sale or abandonment of undeveloped or producing oil and gas interests
unless the sale represents a significant portion of oil and gas interests and the gain significantly alters the relationship between
capitalized costs and proved oil and gas reserves of the cost center. Depreciation, depletion and amortization of oil and gas interests
are computed on the units of production method based on proved reserves. Amortizable costs include estimates of future development
costs of proved undeveloped reserves.
Capitalized costs of oil and
gas interests may not exceed an amount equal to the present value, discounted at 10%, of the estimated future net cash flows from
proved oil and gas reserves plus the cost, or estimated fair market value, if lower, of unproved interests. Should capitalized
costs exceed this ceiling, and impairment is recognized. The present value of estimated future net cash flows is computed by applying
average prices, in the preceding twelve months, of oil and gas to estimated future production of proved oil and gas reserves as
of year ends, less estimated future expenditures to be incurred in developing and producing the proved reserves and assuming continuation
of existing economic conditions.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
1.
|
ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
|
REVENUE RECOGNITION
Revenue from sales of crude oil,
natural gas and refined petroleum products are recorded when deliveries have occurred and legal ownership of the commodity transfers
to the customers. Title transfers for crude oil, natural gas and bulk refined products generally occur at pipeline custody
points or when a tanker lifting has occurred. Revenues from the production of oil and natural gas properties in which
the Company shares an undivided interest with other producers are recognized based on the actual volumes sold by the Company during
the period. Gas imbalances occur when the Company’s actual sales differ from its entitlement under existing working
interests. The Company records a liability for gas imbalances when it has sold more than its working interest of gas
production and the estimated remaining reserves make it doubtful that the partners can recoup their share of production from the
field. At April 30, 2014 and 2013, the Company had no overproduced imbalances.
ACCOUNTS RECEIVABLE
Accounts receivable are carried
at net receivable amounts less an estimate for doubtful accounts. Management determines the allowance for doubtful accounts
by regularly evaluating individual customer receivables and considering a customer’s financial condition, credit history,
and current economic conditions. Trade receivables are written off when deemed uncollectible. Recoveries
of receivables previously written off are recorded when received.
OTHER EQUIPMENT
Computer equipment is stated
at cost. Provision for depreciation on computer equipment is calculated using the straight-line method over the estimated useful
life of three years.
IMPAIRMENT OF LONG-LIVED ASSETS
The Company has adopted FASB
ASC 360 “
Accounting for the Impairment or Disposal of Long-Lived Assets",
which requires
that long-lived assets to be held and used be reviewed for impairment whenever events or changes in circumstances indicate
that the carrying amount of an asset may not be recoverable. Oil and gas interests accounted for under the full
cost method are subject to a ceiling test, described above, and are excluded from this requirement.
ASSET RETIREMENT OBLIGATIONS
The Company follows FASB ASC
410-20
"Accounting for Asset Retirement Obligations"
, which addresses financial accounting and reporting
for obligations associated with the retirement of tangible long-lived assets and the associated asset retirement costs.
FASB ASC 410-20 requires recognition
of the present value of obligations associated with the retirement of tangible long-lived assets in the period in which it is incurred.
The liability is capitalized as part of the related long-lived asset's carrying amount.
Over time, accretion of the liability
is recognized as an operating expense and the capitalized cost is depreciated over the expected useful life of the related asset. The
Company's asset retirement obligations are related to the plugging, dismantlement, removal, site reclamation and similar activities
of its oil and gas exploration activities.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
1.
|
ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING
POLICIES (continued)
|
INCOME / (LOSS) PER SHARE
Basic income/(loss) per share
is computed based on the weighted average number of common shares outstanding during each year. The computation of diluted earnings
per share assumes the conversion, exercise or contingent issuance of securities only when such conversion, exercise or issuance
would have the dilutive effect on income/(loss) per share. The dilutive effect of outstanding options was nil as of April 30, 2014
and 2013.
The table below presents the
computation of basic and diluted earnings per share for the six-month periods ended April 30, 2014 and 2013:
|
|
April 30, 2014
|
|
|
April 30, 2013
|
|
Basic earnings per share computation:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Loss) from continuing operations
|
|
$
|
(195,108
|
)
|
|
$
|
(275,824
|
)
|
Basic shares outstanding
|
|
|
24,629,832
|
|
|
|
24,629,832
|
|
Basic earnings per share
|
|
$
|
(0.01
|
)
|
|
$
|
(0.01
|
)
|
INCOME TAXES
Deferred tax assets and liabilities
are recognized for temporary differences between the financial reporting and tax bases of the firm’s assets and liabilities.
Valuation allowances are established to reduce deferred tax assets to the amount that more likely than not will be realized. The
firm’s tax assets and liabilities, if any, are presented as a component of “Other assets” and “Other liabilities
and accrued expenses,” respectively, in the balance sheet. Tax provisions are computed in accordance with FASB ASC 740,
“Accounting
for Income Taxes”
.
The Company applies the provisions
of FASB ASC 740-10
“Accounting for Uncertainty in Income Taxes — an Interpretation”
. A tax position
can be recognized in the financial statements only when it is more likely than not that the position will be sustained upon examination
by the relevant taxing authority based on the technical merits of the position. A position that meets this standard is measured
at the largest amount of benefit that will more likely than not be realized upon settlement. A liability is established for differences
between positions taken in a tax return and amounts recognized in the financial statements. FASB ASC 740-10 also provides guidance
on de-recognition, classification, interim period accounting and accounting for interest and penalties.
CASH EQUIVALENTS
For purposes of reporting cash
flows, the Company considers as cash equivalents all highly liquid investments with a maturity of three months or less at the time
of purchase. On occasion, the Company may have cash balances in excess of federally insured amounts.
MARKETABLE SECURITIES AND INVESTMENTS
All equity Investments are classified
as available for sale and any subsequent changes in the fair value are recorded in comprehensive income. If in the opinion of management
there has been a decline in the value of the investment below the carrying value that is considered to be other than temporary,
the valuation adjustment is recorded in net earnings in the period of determination. The fair value of the investments is based
on the quoted market price on the closing date of the period.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
1.
|
ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING
POLICIES (continued)
|
FAIR VALUE
The Company adopted FASB ASC
820-10-50,
“Fair Value Measurements”
. This guidance defines fair value, establishes a three-level valuation
hierarchy for disclosures of fair value measurement and enhances disclosure requirements for fair value measures. The three levels
are defined as follows:
Level 1 inputs to the valuation
methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets.
Level 2 inputs to the valuation
methodology include quoted prices for similar assets and liabilities in active markets, and inputs that are observable for the
asset or liability, either directly or indirectly, for substantially the full term of the financial instrument.
Level 3 inputs to valuation
methodology are unobservable and significant to the fair measurement.
The carrying amounts reported
in the balance sheets for the cash and cash equivalents, investments in certificates of deposits, receivables and current liabilities
each qualify as financial instruments and are a reasonable estimate of fair value because of the short period of time between the
origination of such instruments and their expected realization and their current market rate of interest. Marketable securities
are valued using Level 1 inputs.
CONCENTRATION OF CREDIT RISK
Financial
instruments which potentially subject the Company to concentrations of credit risk consist
of cash and cash equivalents, investments in certificates of deposit and
accounts receivable. The Company maintains cash at one financial institution. The Company
periodically evaluates the credit worthiness of financial institutions, and maintains cash accounts only in large high
quality financial institutions, thereby minimizing exposure for deposits in excess of federally insured
amounts. The Company believes credit risk associated with cash and cash equivalents to be minimal.
The Company has recorded trade
accounts receivable from the business operations. Management periodically evaluates the collectability of the trade receivables
and believes that the Company’s receivables are fully collectable and that the risk of loss is minimal.
RECENT ACCOUNTING PRONOUNCEMENTS
On February 5, 2013, the FASB
issued ASU 2013-02, which requires entities to disclose the following additional information about items reclassified out of accumulated
other comprehensive income (AOCI): (1) changes in AOCI balances by component, (2) significant items reclassified out of AOCI by
component either on the face of the income statement or as a separate footnote to the financial statements. For public entities,
the ASU is effective for fiscal years, and interim periods within those years, beginning after December 15, 2012. The adoption
of this ASU did not have a material impact on the financial statements of the Company.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
1.
|
ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING
POLICIES (continued)
|
GOING CONCERN
The accompanying financial statements
have been prepared assuming that the Company will continue as a going concern.
As shown in the accompanying
financial statements, the Company has incurred a net loss of $1,398,859 since inception. To achieve profitable operations, the
Company requires additional capital for obtaining producing oil and gas properties through either the purchase of producing wells
or successful exploration activity. Management believes that sufficient funding will be available to meet its business objectives
including anticipated cash needs for working capital and is currently evaluating several financing options. However, there can
be no assurance that the Company will be able to obtain sufficient funds to continue the development of its properties and, if
successful, to commence the sale of its projects under development. As a result of the foregoing, there exists substantial doubt
about the Company’s ability to continue as a going concern. These financial statements do not include any adjustments that
might result from the outcome of this uncertainty.
In August 2011, the Company
received 800,000 common shares in Lexaria Corp. on the sale of its oil and natural gas interests in Mississippi, with a value of
$0.34 per share. The value of the shares at April 30, 2014 was $0.27 per share, as compared to $0.055 per share as at October 31,
2013, giving rise to an unrealized gain of $172,800 for the six-month period ended April 30, 2014 (2013 – no unrealized gain
or loss). The Company evaluated the prospects of Lexaria in relation to the severity and duration of the impairment. Based on the
evaluation and the Company’s ability and intent to hold the shares for a reasonable period of time sufficient for a recovery,
the Company does not consider the shares to be other-than-temporarily impaired at April 30, 2014.
Accounts receivable consists
of revenues receivable, interest receivable and other receivable. The revenues receivable are from the operators of the oil and
gas projects for the sale of oil and gas by the operators on the Company’s behalf and are carried at net receivable amounts
less an estimate for doubtful accounts. Management considers all accounts receivable to be fully collectible at April 30, 2014
and October 31, 2013. Accordingly, no allowance for doubtful accounts or bad debt expense has been recorded.
|
|
April 30, 2014
|
|
|
October 31, 2013
|
|
Accounts receivable
|
|
$
|
17,768
|
|
|
$
|
35,760
|
|
Less: allowance for doubtful account
|
|
|
-
|
|
|
|
-
|
|
|
|
$
|
17,768
|
|
|
$
|
35,760
|
|
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
The Company holds the following oil and natural gas
interests:
|
|
April 30, 2014
|
|
|
October 31, 2013
|
|
2008-3 Drilling Program, Oklahoma
|
|
$
|
309,152
|
|
|
$
|
309,152
|
|
2009-2 Drilling Program, Oklahoma
|
|
|
114,420
|
|
|
|
114,420
|
|
2009-3 Drilling Program, Oklahoma
|
|
|
353,399
|
|
|
|
349,320
|
|
2009-4 Drilling Program, Oklahoma
|
|
|
190,182
|
|
|
|
190,182
|
|
2010-1 Drilling Program, Oklahoma
|
|
|
(48,138
|
)
|
|
|
270,665
|
|
Washita Bend 3D, Oklahoma
|
|
|
882,583
|
|
|
|
793,551
|
|
Double T Ranch #1 SWDW, Oklahoma
|
|
|
51,655
|
|
|
|
50,812
|
|
Kings City Prospect, California
|
|
|
406,766
|
|
|
|
406,766
|
|
South Wayne Prospect, Oklahoma
|
|
|
61,085
|
|
|
|
61,085
|
|
PP F-12-2, PP F-12-3, PP F-12-4 and PP F-52, Mississippi
|
|
|
(222,123
|
)
|
|
|
(222,123
|
)
|
Three Sands Project, Oklahoma
|
|
|
555,715
|
|
|
|
555,715
|
|
Asset retirement cost
|
|
|
3,190
|
|
|
|
3,367
|
|
Less: Accumulated depletion and impairment
|
|
|
(1,713,088
|
)
|
|
|
(1,713,860
|
)
|
|
|
$
|
944,798
|
|
|
$
|
1,169,052
|
|
2008-3 Drilling Program, Oklahoma
On January 12, 2009, the Company
acquired a 5% working interest in the Ranken Energy Corporation’s 2008-3 Drilling Program. The Company agreed to participate
in the drilling operations to casing point in the initial test well of each prospect. The Before Casing Point Interest (“BCP”)
is 6.25% and the After Casing Point Interest (“ACP”) is 5.00%. At April 30, 2014, the total cost of the 2008-3 Drilling
Program was $309,152. The interests are located in Garvin County, Oklahoma.
2009-2 Drilling Program, Oklahoma
On June 19, 2009, the Company
acquired a 5% working interest in the Ranken Energy Corporation’s 2009-2 Drilling Program. The Company agreed to participate
in the drilling operations to casing point in the initial test well of each prospect. The BCP Interest is 6.25% and the ACP Interest
is 5.00%. At April 30, 2014, the total cost of the 2009-2 Drilling Program was $114,420. The interests are located in Garvin County,
Oklahoma.
2009-3 Drilling Program, Oklahoma
On August 12, 2009, the Company
acquired a 5.00% working interest in Ranken Energy Corporation’s 2009-3 Drilling Program. The Company agreed to
participate in the drilling operations to casing point in the initial test well of each prospect. The BCP Interest is
6.25% and the ACP is 5.00%. At April 30, 2014, the total cost of the 2009-3 Drilling Program was $353,399. The interests
are located in Garvin County, Oklahoma.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
4.
|
OIL AND GAS INTERESTS (continued)
|
2009-4 Drilling Program, Oklahoma
On December 19, 2009, the Company
acquired a 5.00% working interest in Ranken Energy Corporation’s 2009-4 Drilling Program. The Company agreed to participate
in the drilling operations to casing point in the initial test well of each prospect. The BCP Interest is 6.25% and
the ACP Interest is 5.00%. At April 30, 2014, the total cost of the 2009-4 Drilling Program was $190,182. The interests
are located in Garvin County, Oklahoma.
2010-1 Drilling Program, Oklahoma
On April 23, 2010, the Company
acquired a 5.00% working interest in Ranken Energy Corporation’s 2010-1 Drilling Program. The Company agreed to
participate in the drilling operations to casing point in the initial test well of each prospect. The BCP Interest is
6.25% and the ACP Interest is 5.00%.
On January 1, 2014, the Company
sold all its working interest in Mi
ss
Jenny#1-8 from the 2010-1 drilling program for $275,147 less sales commission as
part of the sale of 100% of the well by its operator. At April 30, 2014, the total cost of the 2010-1 Drilling Program was ($48,138).
The interests are located in Garvin County, Oklahoma.
Washita Bend 3D Exploration
Project, Oklahoma
On March 1, 2010, the Company
acquired a 5.00% working interest in Ranken Energy Corporation’s Washita Bend 3D Exploration Project. The BCP
Interest is 5.625% and the ACP Interest is 5.00% on the first eight wells and then 5% before and after casing point on succeeding
wells. At April 30, 2014, the total costs including seismic costs, was $882,583.
As a result of seismic evaluation
and analysis, eight initial prospects at the Washita Bend Project have been identified. Lucretia #1-14 was the first well drilled
on May 14, 2013. This well was classified as a dry hole on May 27, 2013. On August 1, 2013, Karges #1-35 was also classified as
a dry hole. On September 4, 2013, Carol #1-22 was plugged and abandoned. The costs of $148,391 associated therewith have been moved
to proved properties. During November 2013, Bunch #1-17 started production, the costs of $76,890 have been moved to proved properties.
On March 20, 2014, Hamilton 1-5 was plugged and abandoned. The costs of $44,793 associated therewith have been moved to proved
properties.
Double T Ranch#1 SWDW, Oklahoma
On July 17, 2012, the Company
acquired a 3.00% working interest in the drilling, completion and operations of the Double T Ranch#1 SWDW located in Garvin County
from Ranken Energy Corporation. At April 30, 2014, the cost of the Double T Ranch#1 SWDW was $51,655.
Kings City Prospect, California
A Farmout agreement was made
effective on May 25, 2009 between the Company and Sunset Exploration, Inc., to explore for oil and natural gas on 10,000 acres
located in west central California. The Company paid $100,000 (50% pro rata share of $200,000) to earn a
20% working interest in project by funding a maximum of 50% of a $200,000 geophysical survey composed of gravity and seismic surveys
and carry Sunset exploration for 33.33% of dry hole cost of the first well. Completions and drilling of this first well
and completion of subsequent wells on the 10,000 acres will be proportionate to each party’s working interest. On April 15,
2013, the Company elected to plug and abandon this well. All costs associated with this well have been moved to the proved property
pool for depletion. The total cost of the King City prospect as at April 30, 2014 was $406,766.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
4.
|
OIL AND GAS INTERESTS (continued)
|
South Wayne Prospect, Oklahoma
On March 14, 2010, the Company
acquired a 5.00% working interest in McPherson#1-1 well for a payment for leasehold, prospect and geophysical fees of $5,000, and
dry hole costs of $32,370. The Company agreed to participate in the drilling operations to casing point in the initial
test well of each prospect. The BCP Interest is 6.25% and the ACP Interest is 5.00%. The interests are located
in McClain County, Oklahoma. The total cost of the South Wayne prospect as at April 30, 2014 was $61,085.
Impairment
Under the full cost method, the
Company is subject to a ceiling test. This ceiling test determines whether there is an impairment to the proved properties. The
impairment amount represents the excess of capitalized costs over the present value, discounted at 10%, of the estimated future
net cash flows from the proven oil and gas reserves plus the cost, or estimated fair market value if lower, of unproved interests.
There was $nil and $2,039 impairment cost for the six-month periods ended April 30, 2014 and 2013, respectively.
Depletion
Under the full cost method, depletion
is computed on the units of production method based on proved reserves. Depletion expense recognized was $42,884 and $64,062 for
the six-month periods ended April 30, 2014 and 2013, respectively.
Capitalized Costs
|
|
April 30, 2014
|
|
|
October 31, 2013
|
|
Proved properties
|
|
$
|
2,003,576
|
|
|
$
|
2,186,940
|
|
Unproved properties
|
|
|
654,310
|
|
|
|
695,972
|
|
Total Proved and Unproved properties
|
|
|
2,657,886
|
|
|
|
2,882,912
|
|
Accumulated depletion expense
|
|
|
(906,980
|
)
|
|
|
(885,724
|
)
|
Impairment
|
|
|
(806,108
|
)
|
|
|
(828,136
|
)
|
Net capitalized cost
|
|
$
|
944,798
|
|
|
$
|
1,169,052
|
|
Results of Operations
Results of operations for oil
and gas producing activities during the six-month periods ended are as follows:
|
|
April 30, 2014
|
|
|
April 30, 2013
|
|
Revenues
|
|
$
|
104,517
|
|
|
$
|
122,558
|
|
Production costs
|
|
|
(20,102
|
)
|
|
|
(19,250
|
)
|
Depletion and accretion
|
|
|
(44,782
|
)
|
|
|
(65,716
|
)
|
Results of operations (excluding corporate overhead)
|
|
$
|
39,633
|
|
|
$
|
37,592
|
|
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
5.
|
ASSET RETIREMENT OBLIGATIONS
|
The Company follows FASB ASC
410-20 “
Accounting for Asset Retirement Obligations”
which addresses financial accounting and reporting for
obligations associated with the retirement of tangible long-lived assets and the associated asset retirement costs. This policy
requires recognition of the present value of obligations associated with the retirement of tangible long-lived assets in the period
in which it is incurred. As of April 30, 2014 and October 31, 2013, the Company recognized the future cost to plug and abandon
the gas wells over the estimated useful lives of the wells in accordance with
“Accounting for Asset Retirement Obligations”
.
The liability for the fair value of an asset retirement obligation with a corresponding increase in the carrying value of the related
long-lived asset is recorded at the time a well is completed and ready for production. The Company amortizes the amount added to
the oil and gas properties and recognizes accretion expense in connection with the discounted liability over the remaining life
of the respective well. The estimated liability is based on historical experience in plugging and abandoning wells, estimated useful
lives based on engineering studies, external estimates as to the cost to plug and abandon wells in the future and federal and state
regulatory requirements. The liability is a discounted liability using a credit-adjusted risk-free rate of 12%. Revisions to the
liability could occur due to changes in plugging and abandonment costs, well useful lives or if federal or state regulators enact
new guidance on the plugging and abandonment of wells.
The Company amortizes the amount
added to oil and gas properties and recognizes accretion expense in connection with the discounted liability over the remaining
useful lives of the respective wells.
The information below reflects
the change in the asset retirement obligations during the six-month period ended April 30, 2014 and year ended October 31, 2013:
|
|
April 30, 2014
|
|
|
October 31, 2013
|
|
Balance, beginning of periods
|
|
$
|
31,636
|
|
|
$
|
27,554
|
|
Liabilities assumed
|
|
|
-
|
|
|
|
-
|
|
Revisions
|
|
|
(177
|
)
|
|
|
774
|
|
Accretion expense
|
|
|
1,898
|
|
|
|
3,308
|
|
Balance, end of periods
|
|
$
|
33,357
|
|
|
$
|
31,636
|
|
The reclamation obligation relates
to the Ard#1-36, Bagwell#1-20, Bagwell#2-20, Jackson#1-18, Miss Gracie#1-18, Joe Murray Farm, Gehrke#1-24 and Jack#1-13 at Oklahoma
Properties, and McPherson#1-1 well at South Wayne Prospect. The present value of the reclamation liability may be subject to change
based on management’s current estimates, changes in remediation technology or changes in applicable laws and regulations.
Such changes will be recorded in the accounts of the Company as they occur.
PREFERRED STOCK
The Company has authorized
25,000,000 shares of preferred stock. On February 10, 2012, the Company issued 500,001 Series A preferred stock at par value. The
rights attached to these Series A preferred stock include:
|
·
|
The holders of the Series A preferred stock can redeem
their stock at a predetermined redemption price.
|
|
·
|
The holders of the Series A Preferred Stock shall be
entitled to elect one director of the Company in connection with each annual election of directors who shall be the designated
“Series A Director”. With respect to any other matter submitted for a vote (or a written consent in lieu thereof)
by the stockholders of the Company (except as to which the Series A Preferred Stock will be entitled to vote separately as a class),
the holders of Series A Preferred Stock and the holders of the common stock, $0.001 par value of the Company (“Common Stock”)
shall vote together as a single class and not as separate series.
|
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
|
6.
|
CAPITAL STOCK (continued)
|
PREFERRED STOCK (continued)
|
·
|
The Company shall not without first obtaining the approval
(by vote or written consent, as provided by law) of the holders of a majority of the Series A Preferred Stock do any of the following:
|
(a) amend, alter, or repeal
any provision of the Articles of Incorporation or the Bylaws of the Company (including any filing of a Certificate of Designation)
that alters or changes the voting powers, preferences, or other special rights or privileges, or restrictions of the Series A Preferred
Stock;
(b) increase or decrease the
total number of authorized shares of Series A Preferred Stock;
(c) authorize or issue, or obligate
itself to issue, any other equity security, including any other security convertible into or exercisable for any other equity security,
which has a preference over the Series A Preferred Stock with respect to voting, or authorize any increase in the authorized or
designated number of any such security;
(d) purchase or otherwise acquire
any share or shares of Preferred Stock or Common Stock (or pay into or set aside for a sinking fund for such purpose); provided,
however, that this restriction shall not apply to the repurchase of shares of Common Stock from employees, officers, directors,
consultants or other persons performing services for the Company or any subsidiary pursuant to agreements under which the Company
has the option to repurchase such shares at cost or at cost upon the occurrence of certain events, such as the termination of employment;
(e) authorize the voluntary
or involuntary dissolution, liquidation or winding-up of the Company;
(f) pay any dividend or other
distribution other than (i) in the case of the Common Stock, a dividend or distribution payable solely in Common Stock and (ii)
any dividend or distribution the fair market value of which does not exceed 10% of the Company's aggregate net profits for the
fiscal year of the Company in which such dividend is declared and the immediately preceding fiscal year;
(g) cause the Company to enter
into or engage, directly or indirectly, in any material respect any line of business other than the other than the business anticipated
to be conducted by the Company as of the date of the first issuance of the Series A Preferred Stock; or
(h) enter into any transaction
with any officer, director or stockholder of the Company or any "
affiliate
" or "
associate
" (as
such terms are defined in the regulations promulgated by the Securities and Exchange Commission under the Securities Exchange Act
of 1940) of any such person or entity, other than normal employment arrangements and benefit programs on reasonable terms and other
than any transaction (or series of related transactions) involving not more than $100,000 in the aggregate that has been approved
by a majority of the Board of Directors (excluding any director who is interested in such transaction, either directly or through
one of his affiliates or associates) after full disclosure of the terms thereof to the Board of Directors and after the determination
by such majority of the Board of Directors.
BRINX RESOURCES LTD.
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
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7.
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RELATED PARTY TRANSACTIONS
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During the six-month periods
ended April 30, 2014 and 2013, the Company entered into the following transactions with related parties:
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a)
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The Company paid $42,000 (2013 - $42,000) to a related entity, for administration services.
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b)
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The Company paid $81,000 (2013 - $81,000) in management fees to the director and President of the
Company.
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c)
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The Company paid $18,000 (2013 - $3,000) in consulting fee to the director of the Company.
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The Company collected $99,798
(2013: $116,153) or 95% (2013: 95%) of its revenues from one of its operators during the six-month period ended April 30, 2014.
As of April 30, 2014, $14,422 (2013: $15,664) was due from this operator.
Hamm Litigation
In September 2010, two lawsuits
were filed in the District Court of Garvin County in the State of Oklahoma by Harold Hamm (“Hamm”) against certain
defendants (“Defendants”) and consolidated together alleging, among other things, that Hamm owns an interest in two
oil and gas leases in Garvin County and is entitled to a 50% participatory interest. The Company was not named as a
party in these legal proceedings, but Hamm’s allegations include that he is entitled to a 50% participatory interest in the
Joe Murray Farms well drilled as part of the 2009-3 Drilling Program, in which the Company purchased a 6.25% working interest before
casing point and 5.0% working interest after casing point. The Defendants and the Company believe that there is no merit
to Hamm’s allegations. In connection with these proceedings, the Defendants were ordered in January 2011 to escrow
fifty percent (50%) of the revenues generated within the subject area pending the outcome of these proceedings. For
this reason, fifty percent (50%) of the revenues the Company is entitled to that have been generated by production from the Joe
Murray Farms well is being escrowed and there is no assurance that the Company will be able to recover these proceeds. The
Company recognized $6,359 in revenue during the six-month period ended April 30, 2014, and $12,391 in revenue during the year ended
October 31, 2013. As at April 30, 2014, revenue from the Joe Murray Farms totaling $189,321 has not been recognized as revenue
and is being escrowed pending the outcome of these proceedings.
Beckett Complaint
In April 2013, Jeffrey R. Beckett,
a shareholder of the Company, filed a lawsuit in the District Court of Washoe County, Nevada against the Company, its directors,
Kenneth A. Cabianca and George Knight, and a principal of one of the Company’s consultants, Sarah Cabianca, generally alleging
mismanagement of the Company’s affairs by the directors to the detriment of the Company and its shareholders (the “State
Lawsuit”). The State Lawsuit seeks the issuance of an injunction, the appointment of a receiver and unspecified damages.
In June 2013, Mr. Beckett filed a similar complaint against the same defendants in the United States District Court for the District
of Nevada (the “Federal Lawsuit”). Sarah Cabianca has been dismissed from the State Lawsuit and the Federal Lawsuit
has been dismissed. The Company believes the State Lawsuit has been improperly brought and lacks merit, and is vigorously defending
the State Lawsuit.