Amen Properties Completes Acquisition of Interests from Santa Fe Energy Trust
December 18 2007 - 4:00PM
Business Wire
Amen Properties (NASDAQ: AMEN) and its acquisition partners today
announced the completion of a $56.1 million acquisition of
interests in oil and gas properties from Santa Fe Energy Trust
(NYSE: SFF) (the �Trust�) and Devon Energy Production Company, LP
(NYSE: DVN) (�Devon�). Under the terms of the agreements, the
Company and its partners purchased royalty and working interests
located in 12 states. Subsequent to the signing of the Purchase and
Sale Agreements with the Trust and Devon, each agreement was
amended to add an independent third party as the purchaser of $27
million of the acquired royalties. After this third-party purchase,
the net purchase price paid by the Company and its partners was
$29.1 million. The Company�s interests were conveyed into two new
entities � the royalty interests into SFF Royalty and the working
interests into SFF Production. In exchange for contributing $10
million in acquisition and operating capital, the Company received
one-third ownership in these new entities. The remaining ownership
of the new entities will be divided amongst the investment group
proportionately based on the percentage of capital provided. The
investment group and management group of the new entities includes
two of the Company�s directors, Eric Oliver and Jon Morgan.
Additionally, the two new entities have entered into a management
agreement with Anthem Oil and Gas, Inc. to manage the interests in
exchange for compensation equal to 5% of the gross proceeds. One of
the Company�s directors, Jon Morgan, is the president of Anthem Oil
and Gas. The Company paid for $840,000 of its capital contribution
to the new entities in cash. An additional $2.2 million was secured
via stub financing provided by Softvest, LP until the Company is
able to liquidate a portion of its investment in the Trust, which
is expected to occur by the end of 2007. One of the Company�s
directors, Eric Oliver, is the Managing Partner of Softvest, LP.
The remaining $7 million was financed via a combination of equity
and debt. The Company has entered into a Securities Purchase and
Note Agreement (the �Securities Agreement�) that provides for the
issuance of $4.3 million in Series D Preferred Stock and $2.7
million in short-term debt. The Series D Preferred Stock is
non-convertible, has limited voting rights and is entitled to a
dividend of eight and one half percent annually. Additionally, the
Series D Preferred Stockholders will be allowed to designate up to
two additional members of the Company�s Board of Directors. The
holders of the short term debt received 450,000 warrants which
allow them to purchase the Company�s common stock at a price of
$6.02, which was the closing price on the day the Trust Agreement
and Devon Agreement were signed. The Securities Agreement provides
that the warrants will expire if not exercised by June 30, 2008 and
the Company anticipates that the proceeds will be used to retire
the related debt. Two of the Company�s directors, Eric Oliver and
Bruce Edgington, provided a portion of the Company�s financing and
are parties to the Securities Agreement, for which they will
receive a portion of the preferred stock and warrants described
above. Pursuant to NASDAQ regulations, the issuance of common stock
upon exercise of the warrants issued under this Securities
Agreement will require shareholder approval. The Company intends to
seek such shareholder approval at either a special meeting for that
purpose or at the next annual shareholder meeting. The Company has
received agreements to vote in favor of the approval of these
warrants from shareholders representing over 50.1% of the
outstanding shares. �The original intent was for Amen to purchase
100% of these interests, but IRS restrictions on the amount of
equity that we could issue without jeopardizing our $29 million net
operating loss carryforward made that impossible,� said Kris
Oliver, CFO of Amen Properties. �We feel that this ownership
structure is the best possible scenario for Amen�s shareholders and
will generate significant cash flow to help sustain our growth. We
intend to acquire additional ownership of SFF Royalty and SFF
Production as the opportunity presents itself and we have greater
ability to raise capital via the issuance of equity.� �The
acquisition of these oil and gas interests is a logical next step
in Amen�s strategy to become a fully-integrated energy company,�
said Jon Morgan, CEO of Amen Properties.