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1-May-2009
Quarterly Report
Liquidity and Capital Resources
The Trust makes monthly distributions to the holders of Units of the excess of the preceding month's revenues received over expenses incurred. Upon receipt, royalty income is invested in short-term investments until its subsequent distribution. In accordance with the Trust Agreement, the Trust's only long-term assets consist of royalty interests in producing and proved undeveloped oil and gas properties. Although the Trust is permitted to borrow funds if necessary to continue its operations, borrowings are not anticipated in the foreseeable future.
Results of Operations
Distributable income consists of royalty income plus interest income plus any decrease in cash reserves established by the Trustee less general and administrative expenses of the Trust less any increase in cash reserves established by the Trustee. Distributable income for the three months ended March 31, 2009 was $10,276,516, or $0.70 per unit. Royalty income for the three months ended March 31, 2009 amounted to $10,876,919 while interest income was $19,155. General and administrative expenses totaled $619,558 for the three months ended March 31, 2009.
Distributions during the period were $.41550, $.25441, and $.21205 per Unit payable to Unit holders of record on January 15, February 17, and March 16, 2009, respectively.
Royalty income for the quarter ended March 31, 2009 decreased approximately $7,979,000 or 42% compared with the first quarter of 2008. This decrease was caused by decreases in the production of both oil and natural gas as well as decreases in the price of both oil and natural gas. Compared to the preceding quarter ended December 31, 2008, royalty income decreased approximately $9,677,000, or 47%, due to decreases in the production of both oil and natural gas as well as decreases in the prices of both oil and natural gas.
The following tables illustrate average prices received for the periods discussed above and the related oil and gas production volumes:
Quarter Ended
March 31, March 31, December 31,
2009 2008 2008
Production
Oil (Bbls) 104,171 110,302 123,499
Gas (Mcfs) 1,572,366 1,651,669 1,613,790
Average Price
Oil (per Bbl) $ 39.13 $ 85.89 $ 86.95
Gas (per Mcf) $ 5.00 $ 6.60 $ 8.12
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Gas revenues received for the three months ended March 31, 2009, related primarily to production for October 2008 through December 2008. The average price of gas as reported by the Henry Hub for the same time period was $5.77 per Mcf. The average price of gas for the Henry Hub was $4.50 per Mcf for January 2009 through March 2009. Oil revenues for the three months ended March 31, 2009 related primarily to production for November 2008 through January 2009. The average price of oil as reported by Nymex for that time period was $46.98 per barrel. The average price of oil was $43.22 per barrel for January 2009 through March 2009. As of April 22, 2009, the average price of gas for the Henry Hub was $3.16 per Mcf and the average price of oil reported by Nymex was $46.51 per barrel. It is difficult to accurately estimate future prices of oil and gas, and any assumptions concerning future prices may prove to be incorrect.
Interest income for the quarter ended March 31, 2009 decreased approximately $62,200 compared with the first quarter of 2008. Compared to the preceding quarter ended December 31, 2008, interest income decreased approximately $50,200. Changes in interest income are the result of changes in interest rates and funds available for investment.
General and administrative expenses for the quarter ended March 31, 2009 increased by approximately $63,500 compared to the same quarter of 2008 primarily due to increases in professional fees, printing expenses and unitholder information services fees of approximately $12,400, $27,700 and $25,400, respectively. Offsetting the increases was a decrease in escrow agent/trustee fees of approximately $3,600. Compared to the previous quarter ended December 31, 2008, general and administrative expenses increased approximately $152,500. This increase was primarily due to the timing of annual payments in the first quarter such as the annual New York Stock Exchange listing fee and expenses related to the printing and mailing of annual tax information of approximately $38,000 and $61,000, respectively; along with increases in the timing of invoices for auditing fees of approximately $43,000. Escrow agent/trustee fees also increased approximately $27,600. Offsetting these increases somewhat was a decrease in the timing of the receipt of fees for ad valorem tax rendition services of approximately $19,000.
Critical Accounting Policies and Estimates
The Trust's financial statements reflect the selection and application of accounting policies that require the Trust to make significant estimates and assumptions. The following are some of the more critical judgement areas in the application of accounting policies that currently affect the Trust's financial condition and results of operations.
The financial statements of the Trust are prepared on the following basis and are not intended to present financial position and results of operations in conformity with accounting principles generally accepted in the United States of America:
• Royalty income, net of severance and ad valorem taxes, and interest income are recognized in the month in which amounts are received by the Trust.
• Trust expenses, consisting principally of routine general and administrative costs, include payments made during the accounting period. Expenses are accrued to the extent of amounts that become payable on the next monthly record date following the end of the accounting period. Reserves for liabilities that are contingent or uncertain in amount may also be established if considered necessary.
• Royalties that are producing properties are amortized using the unit-of-production method. This amortization is shown as a reduction of Trust corpus.
• Distributions to Unit holders are recognized when declared by the Trustee.
The financial statements of the Trust differ from financial statements prepared in conformity with accounting principles generally accepted in the United States of America because of the following:
• Royalty income is recognized in the month received rather than in the month of production.
• Expenses other than those expected to be paid on the following monthly record date are not accrued.
• Amortization of the Royalties is shown as a reduction to Trust corpus and not as a charge to operating results.
• Reserves may be established for contingencies that would not be recorded under accounting principles generally accepted in the United States of America.
This comprehensive basis of accounting other than GAAP corresponds to the accounting permitted for royalty trusts by the U.S. Securities and Exchange Commission, as specified by Staff Accounting Bulletin Topic 12:E, Financial Statements of Royalty Trusts.
Revenues from royalty interests are recognized in the period in which amounts are received by the Trust. Royalty income received by the Trust in a given calendar year will generally reflect the proceeds, on an entitlements basis, from natural gas produced for the twelve-month period ended September 30th in that calendar year.
Independent petroleum engineers estimate the net proved reserves attributable to the royalty interests. In accordance with Statement of Financial Standards No. 69, "Disclosures About Oil and Gas Producing Activities," estimates of future net revenues from proved reserves have been prepared using year-end contractual gas prices and related costs. Numerous uncertainties are inherent in estimating volumes and the value of proved reserves and in projecting future production rates and the timing of development of non-producing reserves. Such reserve estimates are subject to change as additional information becomes available. The reserves actually recovered and the timing of production may be substantially different from the reserve estimates. Other than those filed with the SEC, our estimated reserves have not been filed with or included in any reports to any Federal agency.
Contingencies related to the royalty properties that are unfavorably resolved would generally be reflected by the Trust as reductions to future royalty income payments to the Trust with corresponding reductions to cash distributions to Unit holders. The Trustee is not aware of any such items as of March 31, 2009.
The preparation of financial statements in conformity with the basis of accounting described above requires management to make estimates and assumptions that affect reported amounts of certain assets, liabilities, revenues and expenses as of and for the reporting periods. Actual results may differ from such estimates.
The Trustee routinely reviews the Trust's royalty interests in oil and gas properties for impairment whenever events or circumstances indicate that the carrying amount of an asset may not be recoverable. If an impairment event occurs and it is determined that the carrying value of the Trust's royalty interests may not be recoverable, an impairment will be recognized as measured by the amount by which the carrying amount of the royalty interests exceeds the fair value of these assets, which would likely be measured by discounting projected cash flows.
Pending Securities and Exchange Commission Rule
In December 2008, the Securities and Exchange Commission (SEC) released Final
Rule, Modernization of Oil and Gas Reporting. The new disclosure requirements
include provisions that permit the use of new technologies to determine proved
reserves if those technologies have been demonstrated empirically to lead to
reliable conclusions about reserves volumes. The new requirements also will
allow companies to disclose their probable and possible reserves to investors.
In addition, the new disclosure requirements require companies to: (a) report
the independence and qualifications of its reserves preparer or auditor;
(b) file reports when a third party is relied upon to prepare reserves estimates
or conducts a reserves audit; and (c) report oil and gas reserves using an
average price based upon the prior 12-month period rather than year-end prices.
The new disclosure requirements are effective for financial statements for
fiscal years ending on or after December 31, 2009. The effect of adopting the
SEC rule has not been determined, but it is not expected to have a significant
effect on the Trust's reported financial position or distributable income.
In July 2006, the FASB issued FASB Interpretation No. 48 ("FIN 48"), Accounting for Uncertainty in Income Taxes, which clarifies the accounting for uncertainty in income taxes recognized in the financial statements in accordance with SFAS No. 109, Accounting for Income Taxes. FIN 48 is effective for fiscal years beginning after December 15, 2006. The adoption of this statement did not have an effect on the Trust's financial statements.
In September 2006, the FASB issued SFAS No. 157, Fair Value Measurements. This statement defines fair value, establishes a framework for measuring fair value in generally accepted accounting principles (GAAP), and expands disclosures about fair value measurements. This statement is effective for financial statements issued for fiscal years beginning after November 15, 2007. The adoption of this statement did not have an effect on the Trust's financial statements.
In February 2007, the FASB issued SFAS No. 159, The Fair Value Option for Financial Assets and Financial Liabilities-Including an amendment of FASB Statement No. 115. This statement permits entities to choose to measure many financial instruments and certain other items at fair value. This statement is effective as of the beginning of an entity's first fiscal year that begins after November 15, 2007. The adoption of this statement did not have an effect on the Trust's financial statements.
In December 2007 the FASB issued SFAS No. 141(R), Business Combinations. This statement requires the acquiring entity in a business combination to recognize the full fair value of assets acquired and liabilities assumed in the transaction (whether a full or partial acquisition); establishes the acquisition-date fair value as the measurement objective for all assets acquired and liabilities assumed; requires expensing of most transaction and restructuring costs; and requires the acquirer to disclose to investors and other users all of the information needed to evaluate and understand the nature and financial effect of the business combination. This statement applies prospectively to business combinations for which the acquisition date is on or after January 1, 2009. The adoption of this statement did not have an effect on the Trust's financial statements.
In December 2007, the FASB issued SFAS No. 160, Noncontrolling Interests in Consolidated Financial Statements - an amendment of Accounting Research Bulletin No. 51. This statement requires reporting entities to present noncontrolling (minority) interests as equity (as opposed to as a liability or mezzanine equity) and provides guidance on the accounting for transactions between an entity and noncontrolling interests. This statement applies prospectively as of January 1, 2009, except for the presentation and disclosure requirements which will be applied retrospectively for all periods presented. The adoption of this statement did not have an effect on the Trust's financial statements.
In March 2008, the FASB issued FASB Statement No. 161, "Disclosures about Derivative Instruments and Hedging Activities, an amendment of FASB Statement No. 133" (SFAS No. 161), effective for fiscal years and interim periods beginning after November 15, 2008, with early adoption allowed. SFAS No. 161 amends and expands the disclosure requirements of SFAS No. 133 with the intent to provide users of financial statements with an enhanced understanding of an entity's use of derivative instruments and the effect of those derivative instruments on an entity's financial statements. The adoption of this statement did not have an effect on the Trust's financial statements.
In May 2008, the FASB issued Statement No. 162, The Hierarchy of Generally Accepted Accounting Principles. This statement identifies the sources of accounting principles and the framework for selecting the principles used in the preparation of financial statements in conformity with GAAP, and is effective 60 days following the SEC's approval of the Public Company Accounting Oversight Board Auditing amendments to AU section 411, The Meaning of Present Fairly in Conformity with Generally Accepted Accounting Principles. The Trustee does not believe that the adoption of this statement will have a material effect on the Trust's financial statements.
In April 2009, the FASB issued FSP FAS115-2 and FAS 124-2, "Recognition and Presentation of Other-Than-Temporary Impairments." This FASB Staff Position amends the other-than-temporary impairment guidance in U.S. GAAP for debt securities to make the guidance more operational and to improve the presentation and disclosure of other-than-temporary impairments on debt and equity securities in the financial statements. This FSP does not amend existing recognition and measurement guidance related to other-than-temporary impairments of equity securities. This statement is effective for interim and annual reporting periods ending after June 15, 2009, with early adoption permitted for periods ending after March 15, 2009. The adoption of these statements did not have an effect on the Trust's financial statements.
Other
This Report includes "forward-looking statements" within the meaning of
Section 21E of the Securities Exchange Act of 1934, which are intended to be
covered by the safe harbor created thereby. All statements other than statements
of historical fact included in this Report are forward-looking statements.
Although the Trustee believes that the expectations reflected in such
forward-looking statements are reasonable, such expectations are subject to
numerous risks and uncertainties and the Trustee can give no assurance that they
will prove correct. There are many factors, none of which is within the
Trustee's control, that may cause such expectations not to be realized,
including, among other things, factors identified in the Trust's most recent
Annual Report on Form 10-K affecting oil and gas prices and the recoverability
of reserves, general economic conditions, actions and policies of
petroleum-producing nations and other changes in the domestic and international
energy markets.
The Trust has an Internet website and has made available its annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K, and amendments to such reports filed or furnished pursuant to Section 13(a) or 15(d) of the Exchange Act at http://www.sbr-sabineroyalty.com as soon as reasonably practicable after such information is electronically filed with or furnished to the SEC.
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