SECURITIES AND EXCHANGE COMMISSION | |||
Washington, D.C. 20549 | |||
FORM 8-K | |||
CURRENT REPORT | |||
Pursuant to Section 13 or 15(d) of the | |||
Securities Exchange Act of 1934 | |||
Date of Report | |||
(Date of earliest event reported) | |||
November 4, 2003 | |||
THE EXPLORATION COMPANY OF DELAWARE, INC. | |||
(Exact name of registrant as specified in its charter) | |||
Delaware | 0-9120 | 84-0793089 | |
(State of | (Commission File | (IRS Employer | |
incorporation) | Number) | Identification No.) | |
500 North Loop 1604 East, Suite 250 | |||
San Antonio, Texas | 78232 | ||
(Address of principal executive offices) | (Zip Code) | ||
(210) 496-5300 | |||
(Registrant's telephone number, | |||
including area code) | |||
Item 7: Financial Statements and Exhibits | |||||||
(c) | Exhibits: | ||||||
Exhibit Number |
| ||||||
Item 9: Regulation FD Disclosure | |||||||
In addition to the financial information noted under Item 12, the above referenced press release included a brief operations update. | |||||||
Item 12: Results of Operations and Financial Condition | |||||||
The November 4, 2003 press release, attached as Exhibit 99, reported the Registrant's financial and other results for the quarter ended September 30, 2003. | |||||||
The press release contained a discussion of Ebitda, defined as earnings before interest, taxes, depreciation, depletion and amortization. Ebitda is a "non-GAAP financial measure" as defined in Item 10 of Regulation S-K of the Securities Exchange Act of 1934, as amended. The Company discussed Ebitda for the quarter and year-to-date periods ended September 30, 2003 and 2002. The required disclosures were provided in the press release, with reconciliation to both "Net Income" and "Net Cash Provided in Operating Activities". | |||||||
The information contained in this report under Items 9 and 12, including the exhibits, is intended to be furnished and shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall such information be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended. | |||||||
SIGNATURE | |||||||
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized. | |||||||
Dated: November 6, 2003 | |||||||
THE EXPLORATION COMPANY OF DELAWARE, INC. | |||||||
/s/ P. Mark Stark | |||||||
P. Mark Stark | |||||||
Chief Financial Officer | |||||||
(Principal Accounting and Financial Officer) | |||||||