Summarized Financial Information for Cheniere Energy Partners, L.P. (Notes) | 6 Months Ended |
Jun. 30, 2014 |
Schedule of Investments [Abstract] | ' |
Summarized Financial Information for Cheniere Energy Partners, L.P. | ' |
SUMMARIZED FINANCIAL INFORMATION FOR CHENIERE ENERGY PARTNERS, L.P. |
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Our results of operations and financial condition are dependent on the performance of Cheniere Partners. The following tables are summarized Consolidated Statements of Operations and Consolidated Balance Sheets information for Cheniere Partners. Additional information on Cheniere Partners’ results of operations and financial position are contained in its Quarterly Report on Form 10-Q for the quarter ended June 30, 2014, which is included in this filing as Exhibit 99.1 and incorporated herein by reference. |
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Summarized Cheniere Energy Partners, L.P. Consolidated Statements of Operations Information |
(in thousands) |
(unaudited) |
| | Three Months Ended June 30, | | Six Months Ended June 30, |
| | 2014 | | 2013 | | 2014 | | 2013 |
Revenues (including transactions with affiliates) | | $ | 67,328 | | | $ | 67,637 | | | $ | 134,549 | | | $ | 133,747 | |
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Expenses (including transactions with affiliates) | | (75,054 | ) | | (88,064 | ) | | (137,189 | ) | | (148,503 | ) |
Other expense | | (218,498 | ) | | (26,583 | ) | | (293,317 | ) | | (83,987 | ) |
Net loss | | $ | (226,224 | ) | | $ | (47,010 | ) | | $ | (295,957 | ) | | $ | (98,743 | ) |
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Summarized Cheniere Energy Partners, L.P. Consolidated Balance Sheets Information | | | | | | | | |
(in thousands) | | | | | | | | |
| | June 30, | | December 31, | | | | | | | | |
| | 2014 | | 2013 | | | | | | | | |
| | (unaudited) | | | | | | | | | | |
Current assets | | $ | 686,202 | | | $ | 613,128 | | | | | | | | | |
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Non-current assets | | 10,026,238 | | | 7,903,655 | | | | | | | | | |
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Total assets | | $ | 10,712,440 | | | $ | 8,516,783 | | | | | | | | | |
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Current liabilities | | $ | 381,497 | | | $ | 265,887 | | | | | | | | | |
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Non-current liabilities | | 9,036,664 | | | 6,611,152 | | | | | | | | | |
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Partners’ equity | | 1,294,279 | | | 1,639,744 | | | | | | | | | |
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Total liabilities and partners’ equity | | $ | 10,712,440 | | | $ | 8,516,783 | | | | | | | | | |
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During the second quarter of 2014, four lawsuits were filed in the Court of Chancery of the State of Delaware (the “Court”) against Cheniere and/or certain of its present and former officers and directors that challenge the manner in which abstentions were treated in connection with the stockholder vote on Amendment No. 1 to the Cheniere Energy, Inc. 2011 Incentive Plan (“Amendment No. 1”), pursuant to which, among other things, the number of shares of common stock available for issuance under the Cheniere Energy, Inc. 2011 Incentive Plan (the “2011 Plan”) was increased from 10 million to 35 million shares. The lawsuits contend that abstentions should have been counted as “no” votes in tabulating the outcome of the vote and that the stockholders did not approve Amendment No. 1 when abstentions are counted as such. The lawsuits further contend that portions of the Amended and Restated Bylaws of Cheniere Energy, Inc. adopted on April 3, 2014 are invalid and that certain disclosures relating to these matters made by Cheniere are misleading. The lawsuits assert claims for breach of contract and breach of fiduciary duty (both on a class and a derivative basis) and claims for unjust enrichment (on a derivative basis). The lawsuits seek, among other things, a declaration that the February 1, 2013 stockholder vote on Amendment No. 1 is void, disgorgement of all compensation distributed as a result of Amendment No. 1, voiding the awards made from the shares reserved pursuant to Amendment No. 1 and monetary damages. On June 16, 2014, Cheniere filed a verified application with the Court pursuant to 8 Del. C. § 205 (the “Section 205 Action”) in which it asks the Court to declare valid the issuance, pursuant to the 2011 Plan, of the 25 million additional shares of common stock of Cheniere covered by Amendment No. 1, whether occurring in the past or the future. On June 27, 2014, the Court entered an order staying the stockholder litigation pending resolution of the Section 205 Action. On July 11, 2014, Cheniere filed a memorandum of law in support of its motion for judgment on Application I asserted in the Section 205 Action (that it correctly tabulated votes in connection with the stockholder vote on Amendment No. 1). On July 25, 2014, certain of the plaintiffs in the consolidated action (who have been given permission to intervene in the Section 205 Action) filed a brief in opposition to Cheniere’s motion for judgment on Application I in the Section 205 Action. Briefing on these issues is expected to be completed on August 1, 2014. |
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The outcome of this litigation may impact the amount of operating expenses that Cheniere charged to Cheniere Partners under the Sabine Pass LNG and Sabine Pass Liquefaction operation and maintenance agreements discussed in Note 8—“Related Party Transactions” in Cheniere Partners’ Quarterly Report on Form 10-Q for the quarter ended June 30, 2014, which is included in this filing as Exhibit 99.1 and incorporated herein by reference. This litigation may also impact the amount of our suspended losses as we have suspended the use of the equity method for additional losses as described in Note 2—“Basis of Presentation.” Given the stage of this ongoing litigation, Cheniere currently cannot reasonably estimate a range of potential loss, if any, related to this matter. Cheniere asserts the plaintiffs’ claims are not valid and intends to vigorously defend against these lawsuits. |