BPI Energy Wins Summary Judgment in ICG Litigation
23 May 2008 - 8:55PM
Business Wire
BPI Energy Holdings, Inc. (AMEX: BPG), an independent energy
company engaged in the exploration, production and commercial sale
of coalbed methane (CBM) in the Illinois Basin, today announced
that the Twentieth Judicial Circuit Court in Perry County, Ill.,
has granted summary judgment in its favor with respect to the
previously announced litigation with ICG Natural Resources, LLC.
The litigation was related to coalbed methane lease acreage rights
in an area covering approximately 64,000 acres in Macoupin and
Perry counties in Illinois. In its ruling, the District Court also
denied ICG�s motion for a summary judgment and found the CBM leases
in question are valid. James G. Azlein, BPI president and CEO,
stated: �We are gratified that the District Court ruled
definitively in BPI�s favor. In our view, justice has prevailed in
this case.� To be added to BPI Energy�s e-mail distribution list,
please click on the link below:
http://www.clearperspectivegroup.com/clearsite/bpi/emailoptin.html
About BPI Energy BPI Energy (BPI) is an independent energy company
engaged in the exploration, production and commercial sale of
coalbed methane (CBM) in the Illinois Basin, which covers
approximately 60,000 square miles in Illinois, southwestern Indiana
and northwestern Kentucky. The company controls a large CBM acreage
position in the Illinois Basin at approximately 531,000 acres. News
releases and other information on the company are available on the
Internet at: http://www.bpi-energy.com Some of the statements
contained in this report that are not historical facts, including
statements containing the words �believes,� �anticipates,�
�expects,� �intends,� �plans,� �should,� �may,� �might,� �continue�
and �estimate� and similar words, constitute forward-looking
statements under the federal securities laws. These forward-looking
statements involve known and unknown risks, uncertainties and other
factors that may cause our actual results, performance or
achievements, or the conditions in our industry, on our properties
or in the Basin, to be materially different from any future
results, performance, achievements or conditions expressed or
implied by such forward-looking statements. Some of the factors
that could cause actual results or conditions to differ materially
from our expectations, include, but are not limited to: (a) our
inability to generate sufficient income, obtain sufficient
financing, close an offering of debt or equity securities, or
complete a merger/combination or other transaction that would
enable us to fund our operations; (b) our inability to retain our
acreage rights at our projects, at the expiration of our lease
agreements, due to insufficient CBM production or for other
reasons; (c) our failure to accurately forecast CBM production; (d)
displacement of our CBM operations by coal mining operations, which
have superior rights in most of our acreage; (e) our failure to
accurately forecast the number of wells that we can drill; (f) a
decline in the prices that we receive for our CBM production; (g)
our failure to accurately forecast operating and capital
expenditures and capital needs due to rising costs or different
drilling or production conditions in the field; (h) our inability
to attract or retain qualified personnel with the requisite CBM or
other experience; (i) unexpected economic and market conditions, in
the general economy or the market for natural gas; (j) limitations
imposed on us by our Credit Agreement with GasRock; (k) our ability
to repay or refinance the amounts advanced to us by GasRock when
such amounts become due; and (l) potential exposure to losses
caused by our derivative contract. We caution readers not to place
undue reliance on these forward-looking statements.
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