Annual report pursuant to Section 13 and 15(d)

Note 14 - Leases

v3.23.1
Note 14 - Leases
12 Months Ended
Dec. 31, 2022
Notes to Financial Statements  
Operating and Finance Leases [Text Block]

14. LEASES

 

Under the leasing standard that became effective January 1, 2019, there are two types of leases: finance and operating. Regardless of the type of lease, the initial measurement of the lease results in recording a ROU asset and a lease liability at the present value of the future lease payments.

 

Practical Expedients

The Company elected to use all the practical expedients, effectively carrying over its previous identification and classification of leases that existed as of January 1, 2019. Additionally, a lessee may elect not to recognize ROU assets and liabilities arising from short-term leases provided there is no purchase option the entity is likely to exercise. The Company has elected this short-term lease exemption.

 

Operating leases

The Company is currently a party to several lease agreements for the corporate office, a drilling rig, rental of marine vessels and helicopters, warehouse and storage facilities, equipment and the FPSO. The duration for these agreements ranges from 6 to 27 months. In some cases, the lease contracts require the Company to make payments both for the use of the asset itself and for operations and maintenance services. Only the payments for the use of the asset related to the lease component are included in the calculation of ROU assets and lease liabilities. Payments for the operations and maintenance services are considered non-lease components and are not included in calculating the ROU assets and lease liabilities. For leases on ROU assets used in joint operations, generally the operator reflects the full amount of the lease component, including the amount that will be funded by the non-operators. As operator for the Etame Marin block, the ROU asset recorded for the FPSO, the marine vessels, helicopter, certain equipment and warehouse and storage facilities used in the joint operations includes the gross amount of the lease components.

 

During the third quarter of 2019, the Company notified the lessor of the FPSO of its intent to extend the lease term by the first option that extends the FPSO lease to September 2021. Similarly, during the third quarter of 2020, the Company gave notification to extend the FPSO lease to September 2022.

 

On September 9, 2022, the Company entered into an addendum to the FPSO contract which extends the contract from September 2022 through October 4, 2022 and sets forth both the Company’s and lessor's rights and obligations with respect to demobilization and decommissioning. Under ASC 842, the Company was required to reassess the lease for lease classification at the time the Company entered into the amendment. Accordingly, the Company assessed the lease as a short-term lease.

 

The marine vessels and certain equipment leases include provisions for variable lease payments, under which the Company is required to make additional payments based on the level of production or the number of days or hours the asset is deployed, or the number of persons onboard the vessel. Because the Company does not know the extent that the Company will be required to make such payments, they are excluded from the calculation of ROU assets and lease liabilities.

 

Financing leases

The Company is currently a party to several financing lease agreements for the FSO and generators used in the operations of the Etame Marin block and for equipment, offices and vehicles used in the operations of Canada and Egypt. The duration for these agreements ranges from 10 to 117 months. In some cases, the lease contracts require the Company to make payments both for the use of the asset itself and for operations and maintenance services. Only the payments for the use of the asset related to the lease component are included in the calculation of ROU assets and lease liabilities. Payments for the operations and maintenance services are considered non-lease components and are not included in calculating the ROU assets and lease liabilities.

 

On February 15, 2022, the Company signed a contract for a finance lease of generators and related parts. The related ROU asset and lease liability was recorded on the lease commencement date of February 15, 2022.

 

In August 2021, the Company signed the FSO agreements to lease a FSO to replace the current FPSO whose term ended in October 2022. Under the terms of the FSO agreements, a third party is expected to modify the leased vessel in order to meet the Company’s crude-oil production requirements. The vessel arrived on location in the Etame Marin block in August 2022. On October 19, 2022, the Company signed the final acceptance certificate at which time control of the FSO vessel transferred to the Company. 

 

All leases

For all leases that contain an option to extend the initial lease term, the Company has evaluated whether it will extend the lease beyond the initial lease term. When the Company believes it will utilize these leased assets beyond the initial lease term, those payments have been included in the calculation for the ROU assets and liabilities. The discount rate used to calculate ROU assets and lease liabilities represents the Company’s incremental borrowing rate. The Company determined this by considering the term and economic environment of each lease, and estimating the resulting interest rate the Company would incur to borrow the lease payments.

 

For the years ended December 31, 2022 and 2021, the components of the lease costs and supplemental information was as follows:

 

   

Year Ended December 31,

 
   

2022

   

2021

   

2020

 

Lease cost:

 

(in thousands)

 

Finance lease cost (1)

  $ 3,682     $     $  

Operating lease cost

    11,040       17,692       17,528  

Short-term lease cost (2)

    5,213       2,258       1,408  

Variable lease cost (3)

    4,513       6,188       7,572  

Total lease expense

    24,448       26,138       26,508  

Lease costs capitalized

    4,127       232       3,456  

Total lease costs

  $ 28,575     $ 26,370     $ 29,964  

 

(1) Represents depreciation and interest associated with financing leases.
(2) Represents short term leases under contracts that are 1 year or less where a ROU asset and lease liability are not required to be recorded.
(3) Variable costs represent differences between minimum lease costs and actual lease costs incurred under lease contracts.

 

Other information:

 

   

2022

   

2021

   

2020

 

Other information:

                       

Cash paid for amounts included in the measurement of lease liabilities:

                       

Financing cash flows attributable to finance leases

  $ 3,039     $     $  

Weighted-average remaining lease term (in years)

    9.65              

Weighted-average discount rate

    4.59 %            
                         

Operating cash flows attributable to operating leases

  $ 19,300     $ 23,925     $ 26,178  

Weighted-average remaining lease term (in years)

    1.35       0.91       1.80  

Weighted-average discount rate

    9.91 %     5.91 %     6.09 %

 

The table below describes the presentation of the total lease cost on the Company’s consolidated statements of operations and other comprehensive income (loss). As discussed above, the Company’s joint venture owners are required to reimburse the Company for their share of certain expenses, including certain lease costs.

 

   

Year Ended December 31,

 
   

2022

   

2021

   

2020

 
   

(in thousands)

 

Finance lease cost

  $ 2,188     $     $  

Production expense

    12,222       13,457       7,904  

General and administrative expense

    160       193       197  

Lease costs billed to the joint venture owners

    11,390       12,573       20,692  

Total lease expense

    25,960       26,223       28,793  

Lease costs capitalized

    2,615       147       1,171  

Total lease costs

  $ 28,575     $ 26,370     $ 29,964  

 

The following table describes the future maturities of the Company’s operating lease liabilities at December 31, 2022:

 

   

Operating Leases

   

Finance Leases

 

Year

 

(in thousands)

 

2023

  $ 2,478     $ 11,619  

2024

    671       11,495  

2025

    33       13,495  

2026

          13,893  

2027

          12,350  

Thereafter

          42,097  
      3,182       104,949  

Less: imputed interest

    182       18,890  

Total lease liabilities

  $ 3,000     $ 86,059  

 

Under the joint operating agreements, other joint venture owners are obligated to fund $44.6 million of the $108.1 million in future lease liabilities as of December 31, 2022.