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- S-4 Registration of securities issued in business combination transactions
- 3.1 Certificate of Formation of Black Elk Energy Offshore Operations, LLC
- 3.2 Certificate of Amendment of Black Elk Energy Offshore Operations, LLC
- 3.3 Certificate of Formation of Black Elk Energy Finance Coporation
- 3.4 Second Amended and Restated Limited Liability Company Operating Agreement
- 3.5 First Amendment to Second Amended and Restated Operating Agreement
- 3.6 Bylaws of Black Elk Energy Finance Corp.
- 4.1 Indenture, Dated As of November 23, 2010
- 4.2 Registation Rights Agreement, Dated As of November 23, 2010
- 4.3 Security Agreement, Dated As of November 23, 2010
- 4.4 Credit Agreement, Dated As of December 24, 2010
- 4.5 Security Agreement, Dated As of December 24, 2010
- 4.6 Pledge and Security Agreement, Dated As of December 24, 2010
- 4.7 Guaranty Agreement, Dated As of December 24, 2010
- 4.8 Letter of Credit Facility Agreement, Dated As of December 24, 2010
- 4.9 Security and Pledge Agreement, Dated As of December 24, 2010
- 4.10 Guaranty Agreement, Dated As of December 24, 2010
- 4.11 Intercreditor Agreement, Entered into As of December 24, 2010
- 4.12 Amended and Restated Second Lien Intercreditor Agreement
- 4.13 Amended and Restated Intercreditor Agreement
- 4.14 Amended and Restated Intercreditor Agreement (Non-operated Properities)
- 4.15 Mortgage, Deed of Trust, Collateral Assignment, Security Agreement
- 4.16 First Amendment to Mortgage, Deed of Trust, Collateral Assignment, Security Agmt
- 4.17 Partial Release by Obligee of Record, Effective November 23, 2010
- 4.18 Operated Escrow Agreement, Dated As of October 29, 2009
- 4.19 First Amendment to Operated Escrow Agreement, Dated As of November 23, 2010
- 4.20 Operated Deposit Account Security Agreement, Dated October 29, 2009
- 4.21 Operated Deposit Account Control Agreement, Executed and Delivered Oct. 29, 2009
- 4.22 Non-operated Escrow Agreement, Dated As of October 29, 2009
- 4.23 First Amendment to Non-operated Escrow Agreement, Dated As of November 23, 2010
- 4.24 Non-operated Deposit Account Security Agreement, Dated October 29, 2009
- 4.25 Non-operated Deposit Account Control Agreement
- 5.1 Opinion of Vinsion & Elkins L.L.P.
- 10.1 Purchase and Sale Agreement, Dated September 14, 2009
- 10.2 First Amendment to Purchase and Sale Agreement
- 10.3 Second Amendment to Purchase and Sale Agreement, Dated As of November 23, 2010
- 10.4 Purchase and Sale Agreement
- 10.5 Amendment to Purchase and Sale Agreement
- 10.6 Purchase and Sale Agreement, Executed on March 17, 2011
- 10.7 Employment Agreement, Dated As of September 30, 2007
- 10.8 Employment Agreement, Dated As of September 30, 2007
- 12.1 Computation of Ratio of Earnings to Fixed Charges
- 21.1 Subsidiary List of Black Elk Energy Offshore Operations, LLC
- 23.1 Consent of Uhy LLP
- 23.2 Consent of Ernst & Young LLP
- 23.3 Consent of Ernst & Young LLP
- 23.4 Consent of Netherland, Sewell and Associates, Inc.
- 25.1 Statement of Eligibility on Form T-1
- 99.1 Summary Report of Netherland, Sewell & Associates, Inc.
Exhibit 12.1
Computation of Ratio of Earnings to Fixed Charges
(Dollars in Thousands, Except Ratios)
The following table sets forth our ratio of earnings to fixed charges for the periods indicated on a consolidated historical basis. For the purposes of computing the ratio of earnings (loss) to fixed charges, “earnings (loss)” is defined as pre-tax income (loss) plus fixed charges. “Fixed charges” consist of interest expense and amortization of deferred financing fees.
Year Ended December 31, | Period from Inception (January 29, 2008) through December 31, 2008 | |||||||||||
2010 | 2009 | |||||||||||
(in thousands) | ||||||||||||
(Unaudited) | ||||||||||||
Earnings (Loss): | ||||||||||||
Pre-Tax Income (Loss) | $ | (23,898 | ) | $ | 663 | $ | 4,233 | |||||
Fixed Charges | 12,872 | 3,662 | 1,150 | |||||||||
Total Earnings (Loss) | (11,026 | ) | 4,326 | 5,383 | ||||||||
Fixed Charges: | ||||||||||||
Interest Expense | 12,671 | 2,917 | 872 | |||||||||
Deferred Financing Fees | 201 | 745 | 278 | |||||||||
Total Fixed Charges | 12,872 | 3,662 | 1,150 | |||||||||
Ratio of Earnings (Loss) to Fixed Charges | — | (1) | 1.18 | 4.68 |
(1) For the year ended December 31, 2010, earnings were inadequate to cover fixed charges. The coverage deficiency necessary for the ratio of earnings to fixed charges to equal 1.00x (on-to-one coverage) was $23.9 million for the year ended December 31, 2010.