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This excerpt taken from the PTEN 10-Q filed Nov 6, 2006. ITEM 4. Controls
and Procedures
Disclosure Controls and Procedures We
maintain disclosure controls and procedures (as such terms are
defined in
Rules 13a-15(e)
and
15d-15(e)
promulgated under the Securities Exchange Act of 1934, as
amended (the Exchange Act)) designed to ensure that
the information required to be disclosed in the reports that we
file with the SEC under the Exchange Act is recorded, processed,
summarized and reported within the time periods specified in the
SECs rules and forms, and that such information is
accumulated and communicated to our management, including our
Chief Executive Officer (CEO) and Chief Financial
Officer (CFO), as appropriate, to allow timely
decisions regarding required disclosure.
Under the supervision and with the participation of our
management, including our CEO and CFO, we conducted an
evaluation of the effectiveness of our disclosure controls and
procedures as of the end of the period covered by this Quarterly
Report on
Form 10-Q.
Based on that evaluation, and due to the material weaknesses in
the Companys internal control over financial reporting as
reported in the Companys Annual Report on
Form 10-K
for the year ended December 31, 2005, our CEO and CFO
concluded that our disclosure controls and procedures were not
effective at a reasonable level of assurance, as of
September 30, 2006. For a discussion of the material
weaknesses, see Item 9A of our Annual Report on
Form 10-K
for the year ended December 31, 2005.
Changes in Internal Control Over Financial
Reporting Our management is responsible for
establishing and maintaining adequate internal control over
financial reporting as such term is defined in Exchange Act
Rule 13a-15(f).
With the participation of our CEO and CFO, our management
evaluates any changes in our internal control over financial
reporting that occurred during each fiscal quarter which have
materially affected, or are reasonably likely to materially
affect, such internal control. At December 31, 2005, the
Companys assessment of the effectiveness of its internal
control over financial reporting concluded that material
weaknesses in its control environment and controls over property
and equipment existed. During the first nine months of 2006, the
Company has implemented, or is in the process of implementing,
remediation steps to address these material weaknesses. You can
find more information about these material weaknesses and the
actions that we have taken and are planning to take to remediate
the material weaknesses in Item 9A of our Annual Report on
Form 10-K
for the year ended December 31, 2005.
There were no changes in the Companys internal control
over financial reporting during its most recently completed
fiscal quarter that have materially affected or are reasonably
likely to materially affect its internal control over financial
reporting, as defined in
Rule 13a-15(f)
under the Exchange Act.
FORWARD
LOOKING STATEMENTS AND CAUTIONARY STATEMENTS FOR PURPOSES OF
THE SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995
Managements Discussion and Analysis of Financial
Condition and Results of Operations included in
Item 2 of this Report contains forward-looking statements
which are made pursuant to the safe harbor
provisions of the Private Securities Litigation Reform Act of
1995. These statements include, without limitation, statements
relating to: liquidity; financing of operations; continued
volatility of oil and natural gas prices; source and sufficiency
of funds required for immediate capital needs and additional rig
acquisitions (if further opportunities arise); and other
matters. The words believes, plans,
intends, expected, estimates
or budgeted and similar expressions identify
forward-looking statements. The forward-looking statements are
based on certain assumptions and analyses we make in light of
our experience and our perception of historical trends, current
conditions, expected future developments and other factors we
believe are appropriate in the circumstances. We do not
undertake to update, revise or correct any of the
forward-looking information. Factors that could cause actual
results to differ materially from our expectations expressed in
the forward-looking statements include, but are not limited to,
the following:
Table of Contents
For a more complete explanation of these factors and others, see
Risk Factors included as Item 1A in our Annual
Report on
Form 10-K
for the year ended December 31, 2005, beginning on
page 11.
You are cautioned not to place undue reliance on any of our
forward-looking statements, which speak only as of the date of
this Report or, in the case of documents incorporated by
reference, the date of those documents.
Table of Contents
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