EAGLE ENVIRONMENTAL TECHNOLOGIES, LTD.

 

FINANCIAL STATEMENTS

 

FOR THE YEARS ENDED

 

DECEMBER 31, 2008

 

AND

 

DECEMBER 31, 2007


 

TABLE OF CONTENTS


Balance Sheet...................................................................................................................... 3
Statements of Operations.................................................................................................... 4
Statement of Changes in Stockholders’ Equity................................................................... 5
Statements of Cash Flows................................................................................................... 6
Notes to Financial Statements............................................................................................. 7

1.                  Organization and Significant Accounting Policies

 

Business

Eagle Environmental Technologies, Ltd. Was originally incorporated in the State of Utah on February 28, 1978 under the name of Boshir Uranium and Development Company.  The Company was originally incorporated to engage mainly in the acquisition, development, mining, milling, leasing and sale of mining properties.  The Company was originally authorized to issue 50,000 shares of common stock with a par value of $1.00 per share.

 

On December 17, 1984, the stockholders approved an amendment to the Articles of Incorporation, which changed the authorized capitalization to 50,000,000 shares with a par value of $0.001 per share.  On February 21, 1986, the Company’s Articles of Incorporation were amended to change the name of the corporation to The College of Physicians and Surgeons and to increase the authorized shares to 100,000,000, with a par value of $0.001 per share.  On or about February 11, 1988 by Amendment to the Articles of Incorporation the name of the corporation was changed Cholla Precious Metals, Inc.

 

On July 12, 1991, Cholla Precious Metals, Inc. merged with Eagle Environmental Technologies, Inc., (“Eagle”) a Nevada corporation, which was organized on June 15, 1990.  Prior to the merger, Cholla Precious Metals, Inc. liquidated its’ assets and liabilities under Chapter 7 of the U.S. Bankruptcy laws.  As part of the merger, the outstanding shares of Cholla were reduced through a 3 for 1 reverse stock split and three million shares of the Company’s stock were issued to the shareholders of Eagle.  Cholla subsequently changed its name to Eagle Environmental Technologies, Inc.  The successor company’s capitalization consisted of 100,000,000 shares, par value $0.001 per share, divided into two classes:  (1) Ten Million (10,000,000) shares of Convertible Preferred stock, with no voting rights; and Ninety Million (90,000,000) shares of voting common stock.

 

In November of 1997, the Company’s shares of common stock underwent a 10 to1 reverse split.  Accordingly, the number of the Company’s issuance and outstanding shares was reduced to 1,776,462.

 

The Company had one subsidiary, Lone Eagle Technology Site, Inc. (“LETSI”).  LETSI was a Nevada corporation incorporated on December 1, 1995.  The Company organized LETSI for the purpose of establishing a technology development center for research, development and commercialization of technologies to process hazardous waste.  Effective December 1, 2002 LETSI was dissolved and no longer exists.

 

On October 21, 2002, the Company amended the Articles of Incorporation to increase the authorized shares to 100,000,000 shares of common stock at par value of $0.01 per share and 2,000 shares of convertible preferred stock at par value of $0.01 per share.  Each share of convertible preferred stock may be converted into 50,000 shares of common stock 180 days or more from the date of issuance.  Voting rights equal to 50,000 shares of common stock is available to the owner of each share of convertible preferred stock on all matters that come before shareholders’ meeting. 

 

On December 31, 2004, the Company amended the Articles of Incorporation to increase the authorized shares to 200,000,000 shares of common stock. 

 

Use of Estimates in the Preparation of Financial Statements

The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period.  Actual results could differ from those estimates. 

 

Cash and Cash Equivalents

 

For the purpose of the statements of cash flows, all highly liquid investments with maturities of three months or less are considered to be cash equivalents.  There were no cash equivalents as of December 31, 2008.

 

Oil and Gas Properties

Investments in oil and gas properties are accounted for using the successful-efforts method of accounting.  Under the successful-efforts method, costs such as geological and geophysical, exploratory dry holes and delay rentals are expensed as incurred.  The successful-efforts method follows the guidance provided in Statement of Financial Accounting Standards (“SFAS”) No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets, where the first measurement for impairment is to compare the net book value of the related asset to undiscounted cash flows using commodity prices consistent with management expectations. 

 

All drilling and completion costs that directly lead to the extraction and production of oil and gas reserves and all development dry holes are capitalized.  Capitalized costs are accumulated by cost centers.  For amortization purposes, the cost center is the individual property or an aggregation of properties in the same field or reservoir.  The Company has one cost center, the Siler lease property located in East Texas. 

 

Under the successful-efforts method, Costs associated with the capitalization of leases are capitalized as incurred.  These consist of costs incurred in obtaining a mineral interest in a property, such as the costs of lease bonuses and options to lease, brokers’ fees, recording fees, legal cost, and other similar costs in acquiring property interests. 

 

Oil and gas properties are amortized using the units-of –production method using estimates of proved reserve quantities. 

 

Other Property and Equipment

 

Depreciation of other office furniture and equipment and computer hardware and software is provided using the straight-line method based on estimated useful lives ranging from three to seven years.

 

Rights to Technology

The Company amortizes intangible assets over the estimated useful period of benefit of the asset or the legal life, whichever is shorter.  The Company evaluates the recoverability of intangible assets periodically, taking into account events or circumstances that warrant revised estimates of useful lives or that indicate possible impairment.   Impairment losses are recognized in the period when impairment has occurred. 

 

Fair Value of Financial Instruments

                                                                                                                   The carrying amount of financial instruments held by the Company, which include cash and cash equivalents, accounts receivable, accounts payable and accrued liabilities, approximate fair value due to their short duration.  The carrying amount of the Company’s notes payable approximate their fair value based on incremental borrowing rates for similar types of borrowing arrangements.

 

Income Taxes

The Company provides for income taxes under the provisions of Statements of Financial Accounting Standards (“SFAS”) No. 109 “Accounting for Income Taxes”. SFAS No. 109 requires an asset and liability based approach in accounting for income taxes.

 

Deferred income tax assets and liabilities are recorded to reflect the tax consequences in future years of temporary differences between revenue and expense items for financial statement and income tax purposes. Valuation allowances are provided against assets that are not likely to be realized.  Deferred tax assets and liabilities are measured using the enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled.  The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date. 

 

Loss Per Share

 

The computation of basic and diluted earnings per common share is based on the weighted average number of shares outstanding during the year, plus the common stock equivalents.  Common stock equivalents are not included in the diluted loss per share calculation when their effect is anti-dilutive.  

 

Revenue Recognition

 

The Company recognizes oil revenue from its interest in producing wells as oil is produced and sold from those wells.  Oil sold is not significantly different from the company’s share of production.

 

Principles of Consolidation

 

The Company has adopted the provisions of FASB Interpretation No. 46 (FIN 46), “Consolidation of Variable Interest Entities”.  The accompanying Consolidated Financial Statements include the accounts of Hohle Oil Services, Co. (a Nevada Corporation), a Variable Interest Entity, where we are deemed the primary beneficiary, regardless of our ownership percentage.  All significant intercompany balances and transactions with the consolidated entity have been eliminated. 

 

New Accounting Pronouncements

In April 2003 the Financial Accounting Standards Board (“FASB”) issued Statements of Financial Accounting Standards (“SFAS”) 149 “Amendment of Statement 133 on Derivative Instruments and Hedging Activities.” This statement, which amends and clarifies existing accounting pronouncements, addresses financial accounting and reporting for derivative or other hybrid instruments. This Statement requires that contracts with comparable characteristics be accounted for similarly. It is effective for contracts entered into or modified after September 30, 2003. The Company does not expect the adoption of SFAS 149 to have any impact on the financial statements.

 

In May 2003 the FASB issued SFAS 150, “Accounting for Certain Financial Instruments with Characteristics of both Liabilities and Equity,” which is effective at the beginning of the first interim period beginning after March 15, 2003. This statement establishes standards for the Company’s classification of liabilities in the financial statements that have characteristics of both liabilities and equity. The Company believes the adoption of SFAS 150 will have no effect on the Company’s financial position or results of operations.

 

In December 2003 the FASB issued SFAS 132R, “Employers’ Disclosures about Pensions and Other Postretirement Benefits—an amendment of SFAS 87, 88, and 106”. This Statement revises employers’ disclosures about pension plans and other postretirement benefit plans. It does not change the measurement or recognition of those plans required by SFAS 87, “Employers’ Accounting for Pensions”, SFAS 88, “Employers’ Accounting for Settlements and Curtailments of Defined Benefit Pension Plans and for Termination Benefits”, and SFAS 106, “Employers’ Accounting for Postretirement Benefits Other Than Pensions”. This Statement retains the disclosure requirements contained in SFAS 132, “Employers’ Disclosures about Pensions and Other Postretirement Benefits”, which it replaces. It requires additional disclosures to those in the original Statement 132 about the assets, obligations, cash flows, and net periodic benefit cost of defined benefit pension plans and other defined benefit postretirement plans. The required information is required to be provided separately for pension plans and for other postretirement benefit plans. The Company has no Pension or Other Postretirement Benefits.

 

In November 2004, the FASB issued SFAS No. 151, “Inventory Costs, an amendment to Accounting Research Bulletin (“ARB”) No. 43, Chapter 4”.  The amendments made by SFAS No. 151 clarify that abnormal amounts of idle facility expense, freight, handling costs and wasted materials (spoilage) should be recognized as current-period charges.  In addition, SFAS No. 151 requires that allocation of fixed production overhead to inventory be based on the normal capacity of the production facilities.  SFAS No. 151 is effective for inventory costs incurred during fiscal years beginning after June 15, 2005.  Earlier application of SFAS No. 151 is permitted for inventory costs incurred during fiscal years beginning after November 23, 2004.  The Company does not expect the adoption of SFAS No. 151 to have a material impact on the Company’s future financial position, cash flows or results of operations.

 

In December 2004, the FASB issued SFAS No. 123 (revised 2004, or “R”), “Share-Based Payment — a revision of FASB Statement No. 123 Accounting for Stock-Based Compensation”.  SFAS No. 123 supersedes APB Opinion No. 25, “Accounting for Stock Issued to Employees”, and amends SFAS No. 95, “Statement of Cash Flows”.  SFAS No. 123(R) requires all share-based payments to employees, including grants of employee stock options, to be recognized in the income statement based on their fair values.  Pro forma disclosure is no longer an alternative. The Company recognized stock option compensation expense in the amount of $240,000 during the year ended December 31, 2005. The Company recognized stock option compensation expense in the amount of $10,000 during the year 2006. No further options have been issued for 2007.

 

2.                  Acquisition of Oil & Gas Rights

 

Siler Lease Property

In December 2004, The Company entered into an agreement with B&B Oil, Inc., a Texas corporation.  The Company offered 3,500,000 treasury 144 shares, 1,500,000 shares free trading common stock, and paid $57,000 in property taxes owed by the previous operator to obtain the oil rights and oil production equipment, located on the Siler Lease properties in Rusk County Texas.  The transaction was valued at $469,500.  The Company pro rata allocated the purchase price to the assets acquired, based on the estimated fair market value of the assets acquired.  The table below shows the allocation of the purchase price to the assets.

 

Allocation of Siler Purchase

 

 

 

Oil & gas rights

$   419,950

Drilling and production  equipment

37,079

Wells

       12,471

 

 

Total Acquisition Cost

$   469,500

 

The transaction closed in January of 2005.  At December 31, 2004, the Company had recorded a deposit in the amount of $244,500 for the value of a note payable and shares issued as of December 31, 2004.

 

Oilton & Hirsch Properties

In February 2005, the Company signed a Letter of Agreement with Omni Minerals, LLC, a Texas Limited Liability Company, for the purchase of oil and gas leases and equipment.  In March 2005, the Company issued 2,500,000 shares of treasury 144 stock to Omni Minerals Inc. In July of 2005, the Company rescinded the agreement.  At Which time Omni Minerals returned the 2,500,000 shares issued, to Buzzard Bait Transfer Co. 

 

Energy 2000

In July of 2004, ZawTech International Inc. (“ZawTech”), a related Company, entered into an exchange agreement with Energy 2000 (“E2000”) to obtain oil producing land and equipment located in Texas.  Buzzard Bait Transfer Co. (“Buzzard Bait”), a related party, provided to ZawTech/Eagle for distribution, 20,000,000 shares of Eagle Environmental common stock to E2000 shareholders.  The deal subsequently fell through.  The Company never received the assets from E2000, and in December of 2004, the 20,000,000 shares issued were returned to the Company and cancelled.  (See Note 7)

 

Gordon Brothers Oil

In November 2004, the Company made a purchase offer in the amount of $5,500,000 to Gordon Brothers Oil, Inc. for the purchase of oil producing land and equipment in Oklahoma.  Per terms of the offer, the Company issued 2,000,000 shares of non-restricted, non-treasury common stock as “good faith deposit or liquidated damages”.  The Company obtained the 2,000,000 trading shares by offering 3,000,000 shares of Treasury 144 stock to shareholder Carl Dunn in a Stock Exchange Agreement, dated November 16, 2004.  (See Note 8)  In addition, the Company made a non-refundable cash deposit of $17,500 payable to Gordon Brothers Oil, Inc.  In January 2005, the Company failed to fund the remaining purchase price, and the purchase offer was voided.  The cash deposit and stock issuance were forfeited by the Company.  At December 31, 2004, the Company had determined it was unlikely the purchase would be funded, resulting in a forfeiture of the stock and cash, so an investment loss in the amount of $177,500 was recorded at December 31, 2004.  

 

Rights to Technology

 

The Company had previously capitalized amounts related to the acquisition of a license for the Zawcad technology.  During the year ended December 31, 2004, management determined the Company no longer rights under the licensing agreement.  The Company recognized an impairment loss of $220,000 during the year ended December 31, 2004, to write-off the value of the asset.   


 

3.               Variable Interest Entity

 

In February 2005, Hohle Oil Services Co. (“Hohle”), a related party (See note 8), was formed to become the future field operator at the Company’s Siler well site.  Also in February of 2005, the Company entered into an operating agreement with Hohle, whereby the Company agrees to provide cash deposits as required to maintain operations at the Siler well site.  As the Company is the sole source of capital for Hohle, management determined the Company is primary beneficiary, under FIN 46, which requires the Company to consolidate the Variable Interest Entity, under such circumstances. 

 

4.               Property and Equipment

 

The following is a summary of property and equipment at December 31, 2008, and 2007.:

 

 

2008

2007

 Drilling and field equipment

$      448,104     

  $ 448,104                 -0-

 

 

 

Oil & Gas rights

419,950

419,950

 

 

 

Wells

211,016

211,016

 

 

 

Less: Accumulated depreciation / depletion

 

        (41,574)

(41,574)

 

 

 

Net oil & gas property & equipment

1,037,496

1,037,496

 

 

 

Office Equipment

38,675

 38,675  

 

 

 

Furniture

1,547

  1,547

 

 

 

Less: Accumulated depreciation

         (40,222)

     (40,222)

 

 

 

Net Book Value

$    1,037,496

$1,037,496

 

 

5.               Notes Payable

 

The Company’s notes payable consist of the following at December 31, 2008 and 2007:

 

 

 

Notes Payable

2008

2007

Note payable to a financial institution: non-interest bearing note; monthly principal payments of $1,958; note matures July 2008

$      39,158

$39,158

 

 

 

Note payable to an individuals, non interest bearing; principal due January 2008

2,000

2,000

 

 

 

Notes Payable to corporations 12% interest bearing; principal due December 31, 2008

$1,114,784

1,114,784

 

 

 

Total Notes Payable

$1,155,942

$1,155,942

 

 

 

 

 

 

 

 

 

 

 

 

 

All notes payable are classified as current, as amounts are due within a year. 

7.               Settlement Liability

None

 

8.               Related Party Transactions

 

Since its inception, the Company has done a number of significant transactions with Buzzard Transfer Co., JAB Enterprises, Plasma Energy Processes, Inc. (“PEPI”), Zawtech International, and Company CEO Brian Wilmot. 

 

The following table summarizes amounts owed to the respective related parties at December 31, 2008, and 2007. 

 

Due To  Related Parties

2008

2007

 

 

 

Buzzard Bait Transfer Company, Inc

   $917,779

$    917,779

JAB Enterprises, Inc.

4,005

4,005

Plasma Energy Processes, Inc.

46,009

46,009

Company Officer

31,000

      31,000

 

 

 

Due To / (From) related parties

$     998,793

$    998,793

 

Buzzard Bait Transfer Company, Inc.

Company CEO Brian Wilmot is Vice President of Buzzard Bait Transfer Co, and Company Secretary Judy Wilmot is the assistant Secretary of Buzzard Bait Transfer Co. The Company has conducted numerous transactions with Buzzard Bait Transfer Co.  Transactions are recorded in related party liability accounts.  From time to time liabilities are settled via cash payments or the issuance of the Company’s common stock, dependent upon the Company’s liquidity position.  The following table summarizes amounts owed to (receivable from) Buzzard Bait Transfer Co. at December 31, 2008, and 2007. 

 

Due To / (From) Buzzard Bait

2008

2007

 

 

 

Eagle expenses paid

103,880

$     103,880

Contract expenses

813,899

813,899

Total Due to Buzzard Bait

$917,779

917,779

 

 

 

 

 

During 2008 and 2007, no additional shares have been issued to Buzzard Bait in exchange for payment of contracts or expenses.

 

Eagle Expenses paid by Buzzard Bait

Buzzard Bait Transfer Co. paid $6,573 on behalf of the Company for expenses incurred during 2007, and $55,394 for expenses incurred during 2008.  During 2007, the Company paid cash reimbursements in the amount of $15,000 to Buzzard Bait.  No amounts were repaid to Buzzard Bait for expenses incurred during the year ended December 31, 2007. The balance due for Company expenses paid by Buzzard Bait was $118,195 at December 31, 2008.  

 

Buzzard Bait Management Contract

The Company maintains an agreement with Buzzard Bait Transfer Co., for the services of Company CEO Brian Wilmot, and Company Secretary Judy Wilmot.  Under this agreement, the Company accrued $216,667 in contract expenses during the year ended December 31, 2008, and $153,750 in contract expenses during the year ended December 31, 2007.  The Company will accrue the expense to a related party liability account.  From time to time the Company will make cash payments or issue stock to Buzzard Bait Transfer Co, to satisfy the contract liability. 

 

Buzzard Bait Note and Interest Payable

 

The Company has made no payments in cash or stock for 2007 or 2008.

 

JAB Enterprises, Inc.

Company CEO Brian Wilmot is President of JAB Enterprises, inc., and Company secretary Judy Wilmot is the secretary and treasurer

 

No payment activities were conducted in 2007 or 2008.

 

Plasma Energy Processes, Inc. 

Company CEO Brian Wilmot is the Vice President of Plasma Energy Processes, Inc. (“PEPI”), and Judy Wilmot is the assistant secretary of PEPI.  The Company leases one office from PEPI, in the amount of $1,800 a month.  The Company recorded $21,600 in rent expense payable to PEPI in 2008, and $21,600 in 2007. 

The Company made no payments on the balance due in 2006 or 2007.

 

Zawtech International, Inc.

Company CEO Brian Wilmot is the president of Zawtech International, Inc.  (“Zawtech”), and Company Secretary Judy Wilmot is the secretary of Zawtech. Zawtech is the sole shareholder of Hohle Oil Services, Inc.  The balance payable to Zawtech was $0 at December 31, 2008, and 2007.

 

Hohle Oil Services Co.

Company CEO Brian Wilmot is the President and Secretary of Hohle, and Company Secretary Judy Wilmot is Treasure of Hohle.  Hohle is wholly owned by Zawtech International, Inc.  Under the guidance of FIN 46, the Company consolidated the account balances of Hohle as a Variable Interest Entity, and all intercompany transactions were eliminated. (See Note 3)

 

9.               Commitments and Contingencies

 

NONE

 

10.              Income Taxes

 

The significant components of the Company’s deferred tax assets are as follows:

 

 

2008

 2007

Deferred tax assets:

Net operating loss carryforwards

 

   $ 11,199,638

 

   $11,199,638

Valuation allowance

 

 

Net deferred tax assets

   $ 11,199,638

   $11,199,638

 

11.              Stock-Based Compensation

 

The Company has adopted the disclosure provision for stock-based compensation of SFAS No. 123R, “Accounting for Stock-Based Compensation” as revised in December of 2004.    The Black-Scholes option valuation model was developed for use in estimating the fair value of traded options, which have no vesting restrictions and are fully transferable.  In addition, option valuation models require the input of highly subjective assumptions including the expected stock price volatility.  Because the Company’s employee stock options have characteristics significantly different from those of traded options, and because changes in the subjective input assumptions can materially affect the fair value estimate.

 

The Company grants stock options to its directors, officers, and consultants. All options vest immediately upon granting.

 

12.              Subsequent Events

 

In June of 2009, Mark Wayne announced his resignation as President. Immediately thereafter, Blair White became the new officer and director. Directors, Gary Hill, Randy Nordloff, Ed Carver, David Lindgren and Mark Wayne resigned as directors.

 

 

13.              Going Concern

The financial statements of the Company have been prepared assuming the Company will continue as a going concern.  The Company’s continued existence is dependant upon its ability to resolve its liquidity problems, principally by obtaining an infusion of capital from other sources outside the entity or the management that currently funds its operations.  This situation raises substantial doubt about the Company’s ability to continue as a going concern.  The financial statements do not include any adjustments that might result from the outcome of this uncertainty.