Item 5. Market for Registrant’s Common Equity
Item 5. Market for Registrant’s Common Equity, Related
Unitholder Matters and Issuer Purchases of Equity Securities.
The
Trust Units trade on the New York Stock Exchange under the symbol “PVL.” At December 31, 2022, there were 33,000,000
Trust Units outstanding. On March 23, 2023, there were four unitholders of record. This number does not include owners for
whom Trust Units may be held in “street” name.
Distributions
Each month, the Trustee determines the amount
of funds available for distribution to the Trust unitholders. Available funds are the excess cash, if any, received by the Trust from
the Net Profits Interest and other sources (such as interest earned on any amounts reserved by the Trustee) that month, over the Trust’s
incurred expenses for that month. Available funds are reduced by any cash the Trustee decides to hold as a reserve against future liabilities.
The holders of Trust Units as of the applicable record date (generally the last business day of each calendar month) are entitled to
monthly distributions payable on or before the tenth business day after the record date (or the next succeeding business day). For further
information on distributions to Trust unitholders, see Note 5 of the Notes to Financial Statements in Item 8 of this Form 10-K.
Equity Compensation Plans
The Trust does not have any employees and does
not maintain any equity compensation plans.
Recent Sales of Unregistered Securities
There were no equity securities sold by the Trust
during the year ended December 31, 2022.
Purchases of Equity Securities
There were no purchases of Trust Units by the
Trust or any affiliated purchaser during the fourth quarter of 2022.
Item 6. [Reserved]
45
Item 7. Trustee’s Discussion and Analysis of Financial
Condition and Results of Operations.
This discussion contains forward-looking statements.
Please refer to “Forward-Looking Statements” for an explanation of these types of statements.
Overview
Permianville
Royalty Trust, previously known as Enduro Royalty Trust, a statutory trust created in May 2011, completed its initial public offering
in November 2011. The Trust’s only asset and source of income is the Net Profits Interest, which entitles the Trust to receive
80% of the net profits from oil and natural gas production from the Underlying Properties. The Net Profits Interest is passive
in nature and neither the Trust nor the Trustee has any management control over or responsibility for costs relating to the operation
of the Underlying Properties. Additionally, third parties operate substantially all of the wells on the Underlying Properties and, therefore,
the Sponsor is not in a position to control the timing of development efforts, associated costs, or the rate of production of the reserves.
The Trust is required to make monthly cash distributions
of substantially all of its monthly cash receipts, after deducting the Trust’s administrative expenses, to holders of record (generally
the last business day of each calendar month) on or before the tenth business day after the record date. The Net Profits Interest is
entitled to a share of the profits from and after July 1, 2011 attributable to production occurring on or after June 1, 2011.
The amount of Trust revenues and cash distributions to Trust unitholders depends on, among other things:
• oil
and natural gas sales prices;
• volumes
of oil and natural gas produced and sold attributable to the Underlying Properties;
• production
and development costs;
• price
differentials;
• potential
reductions or suspensions of production;
• the
amount and timing of Trust administrative expenses; and
• the
establishment, increase, or decrease of reserves for approved development expenses or future
liabilities of the Trust.
Generally, the Sponsor receives cash payment for
oil production 30 to 60 days after it is produced and for natural gas production 60 to 90 days after it is produced.
2022 Recap and 2023 Outlook
The average NYMEX oil price received for the production
months included in 2022 distributions increased 97%, while the gas price received for the production months included in 2022 distributions
increased 157%, from the prior year. The geopolitical events of 2022 along with a rapidly evolving supply and demand picture for oil
and gas contributed to a material increase in the average NYMEX oil price and average NYMEX gas price for the relevant production months,
in addition to tighter differentials for the received oil and natural gas prices for the Underlying Properties. The increase in commodity
prices compared to 2021 also drove a significant increase in the amount of third party operator drilling activity on the Underlying Properties,
which led to a 242% increase in development expenses for the production months of 2022 compared to 2021. The development activity increases
were from both public and private operators in the Delaware and Midland basin areas of the Permian Basin as well as the Haynesville area
of Louisiana.
46
Crude oil prices increased materially throughout
the first half of 2022, to a high of $123.70/Bbl on March 8, 2022, before declining over the second half of the year, settling at
$80.26/Bbl on December 30, 2022, only 5% above the spot oil price to start the year. Nevertheless, the longer-term outlook for the
oil and gas industry, together with the continued improvement in economic activity and mobility during 2022 despite the lingering effects
of the coronavirus pandemic, resulted in a material increase in industry activity. This improvement continued to be aided by relatively
stable supply actions by members of OPEC, in contrast to prior years. The effects of the global COVID-19 pandemic have not completely
subsided in parts of the world, particularly in China, and continue to create volatility for commodity prices. Despite the recovery in
prices and activity, the oil and gas industry continues to face capital constraints from debt and equity capital providers focused on
free cash flow over reserve and production growth.
Natural gas prices saw a similar, and even more
volatile, recovery in 2022, rallying from $3.59/MMBtu at the beginning of 2022 to a high of $9.84/MMBtu on August 22, 2022, before
ending the year below where it started, at $3.52/MMBtu, as a warm winter and production growth offset the new LNG-directed US natural
gas market. Such volatility, if it persists for the near term or longer, could adversely affect the operators of the Underlying Properties,
production from the Underlying Properties and/or distributions to Trust unitholders.
The operators of the Underlying Properties continue
to evaluate planned capital expenditures during 2023, but based on currently available information, the Sponsor anticipates 2023 capital
expenditures on the Underlying Properties to range from $6.0 million to $9.0 million, or $4.8 million to $7.2 million net to
the Trust’s 80% Net Profits Interest. This would represent a decrease compared to last year, due in part to lower projected natural
gas prices, which could reduce capital activity on the Haynesville area of the Underlying Properties, somewhat offset by continued activity
strength in the portion of the Underlying Properties located in the Permian region. The Sponsor indicates that it continues to have access
to adequate capital and liquidity to fund such capital expenditures as the come due.
In addition to continued capital expenditure participation,
the Sponsor believes there could be further opportunity in 2023 for prospective divestitures, as operators of some of the Underlying
Properties look to acquire assets at compelling valuations against the backdrop of favorable oil prices compared to prior years.
Capex Drilling Activity Update
Presented
below is a summary of the current status of certain notable capital projects recently undertaken on the Underlying Properties pursuant
to the capital expenditure program described above.
The following table is not intended to be a comprehensive
list reflecting all capital expenditures to date. In addition, there can often be a several-month delay from the time of capital expenditures
to the time of production and cash flows attributable to the Underlying Properties, especially given the non-operated nature of
the Underlying Properties.
Operator
Region
Number
of Wells
Underlying
Properties
Working Interest
Project
Capex
Cumulative
Total
(in thousands)
Status
Large Cap Major
Haynesville
2
2.5 %
D&C New Drills
$
36
1 Drilled, Awaiting First Revenues; 1 Pre-Drill
Large Cap E&P 1
Midland
8
7.2 %
D&C New Drills
$
2,241
5 Producing, Awaiting First
Revenues; 3 Drilling In-Process
Large Cap E&P 2
Conventional
Permian
N/A
(Field)
0.8 %
New Drills / Workovers
$
69
In-process/
Continual Program
Large Private E&P
Haynesville
1
17.2 %
Refrac
$
1,081
Producing, Awaiting First
Revenues
PE-Backed Private 1
Delaware
8
5.4 %
D&C New Drills
$
2,851
4 Producing; 4 Drilling In-Process
PE-Backed Private 2
Delaware
9
0.9 %
D&C New Drills
$
226
3 Producing, Awaiting First
Revenues; 6 Pre-Drill
PE-Backed Private 3
Delaware
2
0.8 %
D&C New Drills
$
38
Drilling In-Process
Private E&P 1
Conventional
Permian
3
24.0 %
New Drills / Workovers
$
440
Producing
Private E&P 2
Haynesville
3
3.6 %
Refrac
$
126
In-Process
47
The Sponsor expects a majority of these projects
to be completed and to begin producing during 2023 for those that are still in process or awaiting first revenues.
Results of Operations
The following table displays oil and natural gas
sales volumes and average prices from the Underlying Properties, representing the amounts included in the net profits calculation for
the distributions paid during the years ended December 31, 2022 and 2021.
Underlying Properties Sales Volumes
Average Price
Month of Distribution
Oil
(Bbls)
Natural Gas
(Mcf)
Oil
(per Bbl)
Natural Gas
(per Mcf)
2022:
January
40,878
280,503
$ 68.90
$ 3.78
February
40,779
214,181
$ 78.30
$ 4.28
March
44,180
325,962
$ 76.45
$ 5.31
April
40,390
290,847
$ 73.25
$ 4.96
May
47,114
266,091
$ 74.79
$ 4.09
June
40,553
331,076
$ 86.55
$ 5.00
July
40,102
380,958
$ 98.77
$ 4.84
August
41,122
301,477
$ 105.29
$ 4.52
September
37,350
297,117
$ 107.77
$ 5.37
October
37,873
287,116
$ 110.92
$ 6.85
November
43,632
237,538
$ 106.32
$ 7.56
December
42,594
144,367
$ 97.06
$ 7.05
Total—2022
496,567
3,357,233
$ 89.96
$ 5.21
2021:
September
612,786
4,071,705
$ 41.20
$ 1.80
October
38,925
288,656
$ 70.47
$ 2.83
November
37,384
306,555
$ 70.27
$ 2.92
December
43,832
263,613
$ 65.22
$ 3.60
Total—2021 (1)
732,927
4,930,529
$ 62.82
$ 2.91
(1) The
table for the year ended December 31, 2021 does not separately display sales volumes
for January through August because the Trust did not pay a distribution with respect
to those months, as the net profits interest calculation for each such period was negative.
48
Computation of Income from Net Profits Interest Received by
the Trust
In connection with the closing of the initial
public offering in November 2011, Enduro contributed the Net Profits Interest to the Trust in exchange for 33,000,000 newly issued
Trust Units. The Net Profits Interest entitles the Trust to receive 80% of the net profits from the sale and production of oil and natural
gas attributable to the Underlying Properties that are produced during the term of the Conveyance, which commenced on July 1, 2011.
The Trust’s Income from Net Profits Interest consists of monthly net profits attributable to the Net Profits Interest. Net profits
income for the years ended December 31, 2022 and 2021 were determined as shown in the following table:
Year Ended December 31,
2022
2021
Gross profits:
Oil sales
$ 44,669,834
$ 33,473,431
Natural gas sales
17,479,475
9,993,877
Total
62,149,309
43,467,308
Costs:
Direct operating expenses:
Lease operating expenses
21,914,000
26,611,000
Compression, gathering and transportation
3,276,000
3,352,000
Production, ad valorem and other taxes
4,750,000
4,670,000
Development expenses
12,143,000
3,549,000
Total
42,083,000
38,182,000
Gross proceeds from sale/lease of undeveloped acreage
130,030
157,956
Net profits attributable to underlying properties
$ 20,196,339
$ 5,443,264
Percentage allocable to Net Profits Interest
80 %
80 %
Income from Net Profits Interest
$ 16,157,071
$ 4,354,611
Less: COERT Loan Repayment
—
(797,744 )
Capex Reserve – Holdback/release for Increasing 2022/2023 Capex Outlook
(1,000,000 )
—
Less: Trust general and administrative expenses and cash withheld for expenses
(1,676,571 )
(438,367 )
Distributable income
$ 13,480,500
$ 3,118,500
In 2020, there were five months in which direct
operating and development expenses exceeded revenues, thereby causing net profits attributable to the Underlying Properties to be negative.
This resulted in an aggregate Net Profits Interest shortfall of $2.7 million, prior to repayment of Sponsor advances, as of August 31,
2020, which was carried forward to be deducted from net profits to be generated by the Underlying Properties in future months. As a result,
there were no distributions to Trust unitholders from August 2020 through August 2021. In September 2021, net profits
from the Underlying Properties were positive, which eliminated the cumulative Net Profits Interest shortfall of $2.7 million and the
cumulative outstanding Sponsor advances to the Trust of $0.8 million. Since the Net Profits Interest shortfall was eliminated in
2021, revenues and the associated direct operating and development expenses for the final five months of 2020 are included in the calculation
of distributable income detailed in the table above for the year ended December 31, 2021 as well as the related sales volumes detailed
below.
49
The following table displays oil and natural gas
sales volumes and average prices from the Underlying Properties, representing the amounts included in the net profits calculation for
distributions paid during the years ended December 31, 2022 and 2021:
Year Ended December 31,
2022
2021
Underlying Properties Sales Volumes:
Oil (Bbls)
496,567
732,927
Natural Gas (Mcf)
3,357,233
4,930,529
Combined (Boe)
1,056,106
1,554,682
Average Prices:
Oil – NYMEX (applicable NPI period) ($/Bbl)
$ 91.84
$ 55.04
Differential
$ (1.88 )
$ (9.37 )
Oil prices realized ($/Bbl)
$ 89.96
$ 45.67
Natural gas – NYMEX (applicable NPI period) ($/Mcf)
$ 5.85
$ 2.53
Differential
$ (0.64 )
$ (0.50 )
Natural gas prices realized ($/Mcf)
$ 5.21
$ 2.03
Years Ended December 31, 2022 and 2021
Net profits attributable to the Underlying Properties
for the year ended December 31, 2022 are calculated from the following:
• oil
sales related to oil produced from the Underlying Properties primarily from September 2021
through August 2022;
• natural
gas sales related to natural gas produced from the Underlying Properties primarily from August 2021
through July 2022; and
• direct
operating and development expenses related to expenses and capital incurred primarily from
October 2021 to September 2022.
Net
profits attributable to the Underlying Properties for the year ended December 31, 2022 were $20.2 million compared to $5.4
million for the year ended December 31, 2021. As a result of direct operating expenses and development expenses exceeding
oil and natural gas sales for the last five months of 2020, the Trust did not pay a distribution to Trust unitholders from August 2020
through September 2021. Accordingly, under the modified cash basis of accounting, the oil and natural gas sales, direct operating
expenses and development expenses for such periods were not included in the final five months of 2020 and instead are included in the
results for the year ended December 31, 2021, as the Net Profits Interest shortfall was finally eliminated in September 2021.
Therefore, several variances between the periods are due to the inclusion of 17 months of results in the year ended December 31,
2021 compared to 12 months included in the year ended December 31, 2022. The $14.8 million increase in net profits attributable
to the Underlying Properties from the 2021 period to the 2022 period was primarily due to the following items:
• Oil
sales increased $11.2 million, primarily due to higher realized sales prices, which increased
oil sales by $22.0 million. The average oil price received increased 97% as a result of the
corresponding increase in the average NYMEX oil price for the relevant production months.
The offsetting $10.8 million decrease in oil sales was due to lower oil sales volumes. The
32% decrease in oil sales volumes was primarily because the year ended December 31,
2022 only included 12 months of oil sales volumes while the year ended December 31,
2021 included 17 months of oil sales volumes.
50
• Natural
gas sales increased $7.5 million due to higher realized sales prices, which increased natural
gas sales by $10.7 million. The average natural gas price received increased 157% as a result
of the corresponding increases in the average NYMEX gas price for the relevant production
months. The offsetting $3.2 million decrease in natural gas sales was due to lower sales
volumes. Natural gas volumes decreased 32% primarily because the year ended December 31,
2022 only included 12 months of gas sales volumes while the year ended December 31,
2021 included 17 months of gas sales volumes.
• Lease
operating expenses decreased $4.7 million in 2022 compared to 2021, primarily attributable
to the difference in the number of months included in the respective periods.
• Compression,
gathering and transportation expenses decreased from $3.4 million in 2021 to $3.3 million
in 2022.
• Production,
ad valorem and other taxes increased $0.1 million in 2022 compared to 2021, primarily due
to the increase in realized sales prices, but was offset by the lower sales volumes.
• Development
expenses increased $8.6 million due to drilling and completion costs for drilling multiple
new wells in the Permian and Haynesville areas.
During the year ended December 31, 2022,
the Sponsor withheld from the net profits otherwise payable to the Trust a net aggregate of $1.0 million for the establishment of a cash
reserve for approved, future development expenses. This reserve is intended to fund an expected increase in development expenses; however,
if those expenses are ultimately delayed or are less than expected, or if the outlook changes, amounts reserved but unspent will be released
as an incremental cash distribution in a future period.
The Trust withheld $1.7 million and paid $0.8
million for general and administrative expenses during the year ended December 31, 2022. Expenses paid during the period primarily
consisted of fees for the preparation of 2021 tax information for Trust unitholders, preparation of the Trust’s 2021 reserve report
and Annual Report on Form 10-K, 2021 financial statement audit fees, preparation of the Trust’s 2021 monthly press releases
and Quarterly Reports on Form 10-Q, Trustee fees, and New York Stock Exchange listing fees. For the year ended December 31,
2021, the Trust withheld $1.2 million and paid $0.8 million for general and administrative expenses.
Liquidity and Capital Resources
The Trust’s principal sources of liquidity
are cash flow generated from the Net Profits Interest and borrowing capacity under the letter of credit described below. Other than Trust
administrative expenses, including any reserves established by the Trustee for future liabilities, the Trust’s only use of cash
is for distributions to Trust unitholders. Available funds are the excess cash, if any, received by the Trust from the Net Profits Interest
and other sources (such as interest earned on any amounts reserved by the Trustee) in any given month, over the Trust’s expenses
paid for that month. Available funds are reduced by any cash the Trustee determines to hold as a reserve against future expenses.
The
Trustee may create a cash reserve to pay for future liabilities of the Trust. In November 2021, the Trustee notified the
Sponsor of the Trustee’s intent to build a cash reserve of approximately $2.3 million for the payment of future known, anticipated
or contingent expenses or liabilities of the Trust. Since February 2022, the Trustee has been withholding $37,833, and in the future,
commencing with the distribution to Trust unitholders payable in April 2023, intends to withhold $50,000, from the funds otherwise
available for distribution each month to gradually build the reserve. The Trustee may increase or decrease the targeted cash reserve
amount at any time, and may increase or decrease the rate at which it is withholding funds to build the cash reserve at any time, without
advance notice to the Trust unitholders. Cash held in reserve will be invested as required by the Trust Agreement. Any cash reserved
in excess of the amount necessary to pay or provide for the payment of future known, anticipated or contingent expenses or liabilities
eventually will be distributed to Trust unitholders, together with interest earned on the funds. As of December 31, 2022, the Trustee
has withheld $390,497 toward this cash reserve.
51
If the Trustee determines that the cash on hand
and the cash to be received are, or will be, insufficient to cover the Trust’s liabilities, the Trustee may authorize the Trust
to borrow money to pay administrative or incidental expenses of the Trust that exceed cash held by the Trust. The Trustee may authorize
the Trust to borrow from any person, including the Trustee or the Delaware Trustee or an affiliate thereof, although none of the Trustee,
the Delaware Trustee or any affiliate thereof intends to lend funds to the Trust. The Trustee may also cause the Trust to mortgage its
assets to secure payment of the indebtedness. The terms of such indebtedness and security interest, if funds were to be loaned by the
entity serving as Trustee or Delaware Trustee or an affiliate thereof, would be similar to the terms which such entity would grant to
a similarly situated commercial customer with whom it did not have a fiduciary relationship. In addition, the Sponsor has provided the
Trust with a $1.2 million letter of credit to be used by the Trust if its cash on hand (including available cash reserves) is insufficient
to pay ordinary course administrative expenses. Further, if the Trust requires more than the $1.2 million under the letter of credit
to pay administrative expenses, the Sponsor has agreed to loan funds to the Trust necessary to pay such expenses. Any loan made by the
Sponsor to the Trust would be evidenced by a written promissory note, be on an unsecured basis, and have terms that are no less favorable
to the Sponsor than those that would be obtained in an arm’s length transaction between the Sponsor and an unaffiliated third party.
If the Trust borrows funds or draws on the letter of credit, no further distributions will be made to Trust unitholders until such amounts
borrowed or drawn are repaid. Except for the foregoing, the Trust has no source of liquidity or capital resources. The Trustee has no
current plans to authorize the Trust to borrow money other than Sponsor advances to pay the Trust’s monthly operating expenses.
At December 31, 2022 and 2021, the Trust held cash reserves of $922,913 and $67,116, respectively, for future Trust expenses. Since
its formation, the Trust has not borrowed any funds other than Sponsor advances to pay the Trust’s monthly operating expenses and
no amounts have been drawn on the letter of credit.
From time to time, if the Trust’s cash on
hand (including available cash reserves, if any) is not sufficient to pay the Trust’s ordinary course administrative expenses that
are due prior to the monthly payment to the Trust of proceeds from the Net Profits Interest, the Sponsor may advance funds to the Trust
to pay such expenses. Such advances are recorded as a liability on the Statements of Assets, Liabilities and Trust Corpus until repaid.
Cash held by the Trustee as a reserve against
future liabilities or for distribution at the next distribution date may be held in a noninterest-bearing account or may be invested
in:
• interest-bearing
obligations of the United States government;
• money
market funds that invest only in United States government securities;
• repurchase
agreements secured by interest-bearing obligations of the United States government; or
• bank
certificates of deposit.
Neither
Enduro nor the Sponsor has entered into any hedge contracts relating to oil and natural gas volumes produced from the Underlying
Properties, attributable to the Net Profits Interest for the years ended December 31, 2022 or 2021, and the terms of the Conveyance
prohibit COERT from entering into new hedging arrangements burdening the Trust.
The Trust pays the Trustee an administrative fee
of $200,000 per year. The Trust pays the Delaware Trustee an annual fee of $2,000. The Trust also incurs, either directly or as a reimbursement
to the Trustee, legal, accounting, tax and engineering fees, printing costs and other expenses that are deducted by the Trust before
distributions are made to Trust unitholders. The Trust also is responsible for paying other expenses incurred as a result of being a
publicly traded entity, including costs associated with annual and quarterly reports to Trust unitholders, tax return and Form 1099
preparation and distribution, NYSE listing fees, independent auditor fees and registrar and transfer agent fees.
The Trust does not have any transactions, arrangements
or other relationships with unconsolidated entities or persons that could materially affect the Trust’s liquidity or the availability
of capital resources.
New Accounting Pronouncements
As the Trust’s financial statements are
prepared on the modified cash basis, most accounting pronouncements are not applicable to the Trust’s financial statements. No
new accounting pronouncements have been adopted or issued that would impact the financial statements of the Trust.
52
Critical Accounting Policies and Estimates
The Trust uses the modified cash basis of accounting
to report Trust receipts of income from the Net Profits Interest and payments of expenses incurred. The Net Profits Interest represents
the right to receive revenues (oil and natural gas sales), less direct operating expenses (lease operating expenses and production and
property taxes) and development expenses of the Underlying Properties plus any payments made or net payments received in connection with
the settlement of certain hedge contracts, multiplied by 80%. Cash distributions of the Trust are made based on the amount of cash received
by the Trust pursuant to terms of the Conveyance.
Under the terms of the Conveyance, the monthly
Net Profits Interest calculation includes oil and natural gas revenues received. Monthly operating expenses and capital expenditures
represent incurred expenses, and as a result, represent accrued expenses as well as expenses paid during the period.
The financial statements of the Trust are prepared
on the following basis:
(a) Income from Net Profits Interest is recorded
when distributions are received by the Trust;
(b) Distributions to Trust unitholders are
recorded when paid by the Trust;
(c) Trust general and administrative expenses
(which includes the Trustee’s fees as well as accounting, engineering, legal, and other professional fees) are recorded when paid;
(d) Cash reserves for Trust expenses may
be established by the Trustee for certain future expenditures that would not be recorded as contingent liabilities under accounting principles
generally accepted in the United States of America (“GAAP”);
(e) Amortization of the Net Profits Interest
in oil and natural gas properties is calculated on a unit-of-production basis and is charged directly to the Trust corpus. Such amortization
does not affect distributable income of the Trust; and
(f) The Net Profits Interest in oil and natural
gas properties is periodically assessed whenever events or circumstances indicate that the aggregate value may have been impaired below
its total capitalized cost based on the Underlying Properties. If an impairment loss is indicated by the carrying amount of the assets
exceeding the sum of the undiscounted expected future net cash flows of the Net Profits Interest, then an impairment loss is recognized
for the amount by which the carrying amount of the asset exceeds its estimated fair value determined using discounted cash flows. Any
impairment is a direct charge to the trust corpus.
The financial statements of the Trust differ from
financial statements prepared in accordance with GAAP because revenues are not accrued in the month of production; certain cash reserves
may be established for contingencies which would not be accrued in financial statements prepared in accordance with GAAP; general and
administrative expenses are recorded when paid instead of when incurred; and any impairment; and amortization of the net profits interest
calculated on a unit-of-production basis is charged directly to trust corpus instead of as an expense. While these statements differ
from financial statements prepared in accordance with GAAP, the modified cash basis of reporting revenues, expenses, and distributions
is considered to be the most meaningful because monthly distributions to the Trust unitholders are based on net cash receipts.
This comprehensive basis of accounting other than
GAAP corresponds to the accounting permitted for royalty trusts by the SEC as specified by Staff Accounting Bulletin Topic 12:E, Financial
Statements of Royalty Trusts .
The preparation of financial statements requires
the Trust to make estimates and assumptions that affect the reported amounts of assets and liabilities and the reported amounts of revenues
and expenses during the reporting period. Actual results could differ from those estimates.
53
Oil
and Natural Gas Reserves. The proved oil and natural gas reserves for the Underlying Properties are estimated by independent
petroleum engineers. Reserve engineering is a subjective process that is dependent upon the quality of available data and the interpretation
thereof. Estimates by different engineers often vary, sometimes significantly. In addition, physical factors such as the results of drilling,
testing and production subsequent to the date of an estimate, as well as economic factors such as changes in product prices, may justify
revision of such estimates. Because proved reserves are required to be estimated using prices at the date of the evaluation, estimated
reserve quantities can be significantly impacted by changes in product prices. Accordingly, oil and natural gas quantities ultimately
recovered and the timing of production may be substantially different from original estimates.
The Financial Accounting Standards Board requires
supplemental disclosures for oil and gas producers based on a standardized measure of discounted future net cash flows relating to proved
oil and natural gas reserve quantities. Under this disclosure, future cash inflows are computed by applying the average prices during
the 12-month period prior to fiscal year-end, determined as an unweighted arithmetic average of the first-day-of-the-month benchmark
price for each month within such period, unless prices are defined by contractual arrangements, excluding escalations based upon future
conditions. Future price changes are only considered to the extent provided by contractual arrangements in existence at year-end. The
standardized measure of discounted future net cash flows is achieved by using a discount rate of 10% a year to reflect the timing of
future cash flows relating to proved oil and natural gas reserves. Changes in any of these assumptions, including consideration of other
factors, could have a significant impact on the standardized measure. The standardized measure does not necessarily result in an estimate
of the current fair market value of proved reserves.
Amortization
of Net Profits Interest. The Trust calculates amortization of the Net Profits Interest in oil and natural gas properties on
a unit-of-production basis based on the Underlying Properties’ production and reserves. The reserves upon which the amortization
rate is based are quantity estimates which are subject to numerous uncertainties inherent in the estimation of proved reserves. The volumes
considered to be commercially recoverable fluctuate with changes in prices and operating costs. These estimates are expected to change
as additional information becomes available in the future. Downward revisions in proved reserves may result in an increased rate of amortization.
Amortization is recorded on sales volumes paid by the Trust during the relevant period and is charged directly to the Trust corpus balance.
As a result, amortization does not affect the cash earnings of the Trust.
Impairment
of Net Profits Interest. The Net Profits Interest in oil and natural gas properties is periodically assessed for impairment
whenever events or circumstances indicate that the current fair value based on expected future cash flows of the Underlying Properties
may be less than the carrying value of the Net Profits Interest. The Trust did not realize any impairment during the years ended December 31,
2022 or 2021. Future downward revisions in actual production volumes relative to current forecasts, higher than expected operating costs,
or lower than anticipated market pricing could result in recognition of impairment in future periods. Any impairment of the Net Profits
Interest will result in a non-cash charge to Trust corpus and will not affect distributable income. For further information, see “Note
3. Net Profits Interest in Oil and Gas Properties” of the Notes to Financial Statements in Item 8 of this Form 10-K.
Item 7A. Quantitative and Qualitative Disclosures About
Market Risk.
As a “smaller reporting company” as
defined in Item 10(f)(1) of Regulation S-K, the Trust is not required to provide information required by this Item.
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