Q2 ADNY ADINO ENERGY CORP Smaller Reporting Company 2011 10-Q 2011-06-30 0000700815 --12-31
NOTE 16 – STOCK

COMMON STOCK

The Company's common stock has a par value of $0.001. There were 50,000,000 shares authorized as of December 31, 2007.  At the Company’s January 2008 shareholder meeting, the shareholders voted to increase the authorized common stock to 500,000,000 shares.  As of December 31, 2010, the Company had 107,260,579 shares issued and outstanding.

On February 22, 2011, Asher converted $10,000 of its note into 465,116 shares of the Company’s common stock. The conversion resulted in an increase of additional paid-in-capital of $6,648 due to the reduction of the associated derivative liability.

On March 8, 2011, Asher converted $12,000 of its note into 603,015 shares of the Company’s common stock. The conversion resulted in an increase of additional paid-in-capital of $7,959 due to the reduction of the associated derivative liability.

On March 22, 2011, Asher converted $12,000 of its note into 794,702 shares of the Company’s common stock. The conversion resulted in an increase of additional paid-in-capital of $7,987 due to the reduction of the associated derivative liability.

On April 4, 2011, Asher converted $15,000 of its note into 1,219,512 shares of the Company’s common stock. The conversion resulted in an increase of additional paid-in-capital of $10,183 due to the reduction of the associated derivative liability.

On April 12, 2011, Asher converted $8,500 of its note into 817,308 shares of the Company’s common stock. The conversion resulted in an increase of additional paid-in-capital of $5,767 due to the reduction of the associated derivative liability.

All note conversions were within the terms of the agreement.

As a result of the above common stock issuances, there were 111,160,232 shares issued and outstanding as of June 30, 2011.

PREFERRED STOCK

In 1998, the Company amended its articles to authorize Preferred Stock. There are 20,000,000 shares authorized of Preferred Stock with a par value of $0.001. The shares are non-voting and non-redeemable by the Company. The Company further designated five series of its Preferred Stock: "Series 'A' $12.50 Preferred Stock" (2,159,193 shares authorized), "Series "A" $8.00 Preferred Stock," (1,079,957 shares authorized), Class “B” Preferred Stock Series 1 (666,660 shares authorized), Class “B” Preferred Stock Series 2 (666,660 shares authorized), and Class “B” Preferred Stock Series 3 (666,680 shares authorized). As of June 30, 2011 and December 31, 2009, there are no shares of Preferred Stock issued and outstanding.

The Series "A" $12.50 Preferred Stock shall be convertible, in whole or in part, at any time after the common stock of the Company shall maintain an average bid price per share of at least $12.50 for ten (10) consecutive trading days. The conversion ratio is three (3) shares of common stock per share of Series “A” $12.50 Preferred Stock.

The Series "A" $8.00 Preferred Stock shall be convertible, in whole or in part, at any time after the common stock of the Company shall maintain an average bid price per share of at least $8.00 for ten (10) consecutive trading days. The conversion ratio is three (3) shares of common stock per share of Series “A” $8.00 Preferred Stock.

The Class “B” Preferred Stock Series 1 is convertible, in whole or in part, at any time after the common stock of the Company shall maintain an average bid price per share of at least $2.00 for ten (10) consecutive trading days. The conversion ratio is two (2) shares of common stock per share of Class “B” Preferred Stock.

The Class “B” Preferred Stock Series 2 is convertible, in whole or in part, at any time after the common stock of the Company shall maintain an average bid price per share of at least $3.00 for ten (10) consecutive trading days. The conversion ratio is two (2) shares of common stock per share of Class “B” Preferred Stock.

 The Class “B” Preferred Stock Series 3 is convertible, in whole or in part, at any time after the common stock of the Company shall maintain an average bid price per share of at least $4.00 for ten (10) consecutive trading days. The conversion ratio is two (2) shares of common stock per share of Class “B” Preferred Stock.

The preferential amount payable with respect to shares of any of the above series of Preferred Stock in the event of voluntary or involuntary liquidation, dissolution, or winding-up, shall be an amount equal to $5.00 per share, plus the amount of any dividends declared and unpaid thereon.

DIVIDENDS

Dividends are non-cumulative, however, the holders of such series, in preference to the holders of any common stock, shall be entitled to receive, as and when declared payable by the Board of Directors from funds legally available for the payment thereof, dividends in lawful money of the United States of America at the rate per annum fixed and determined as herein authorized for the shares of such series, but no more, payable quarterly on the last days of March, June, September, and December in each year with respect to the quarterly period ending on the day prior to each such respective dividend payment date. In no event shall the holders of either series receive dividends of more than percent (1%) in any fiscal year. Each share of both series shall rank on parity with each other share of preferred stock, irrespective of series, with respect to dividends at the respective fixed or maximum rates for such series.
NOTE 2 - BASIS OF PRESENTATION AND SIGNIFICANT ACCOUNTING POLICIES

Basis of presentation

The accompanying unaudited interim consolidated financial statements of Adino Energy Corporation have been prepared in accordance with accounting principles generally accepted in the United States of America and the rules of the Securities and Exchange Commission (“SEC”), and should be read in conjunction with the audited financial statements and notes thereto contained in Adino Energy Corporation’s Annual Report filed with the SEC on Form 10-K.  In the opinion of management, all adjustments, consisting of normal recurring adjustments, necessary for a fair presentation of financial position and the results of operations for the interim periods presented have been reflected herein.  The results of operations for interim periods are not necessarily indicative of the results to be expected for the full year.

Significant accounting policies

Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect reported amounts and related disclosures.  Actual results could differ from those estimates.
 
Principles of Consolidation
The consolidated financial statements include all of the assets, liabilities and results of operations of subsidiaries in which the Company has a controlling interest. All significant inter-company accounts and transactions among consolidated entities have been eliminated.

Concentrations of Credit Risk
Financial instruments which subject the Company to concentrations of credit risk include cash and cash equivalents and accounts receivable.

The Company maintains its cash in well known banks selected based upon management’s assessment of the banks’ financial stability. Balances rarely exceed the $250,000 federal depository insurance limit. The Company has not experienced any losses on deposits and believes the risk of loss is minimal.

For the six months ended June 30, 2011 and the year ended December 31, 2010, we had no reserve for doubtful accounts as all of our receivables were collected early in the subsequent period and had no expectation of loss. Management assesses the need for an allowance for doubtful accounts based upon the financial strength of our customers, historical experience with our customers and the aging of the amounts due.

Cash Equivalents
For purposes of reporting cash flows, the Company considers all short-term investments with an original maturity of three months or less to be cash equivalents.  We had no cash equivalents at either June 30, 2011 or December 31, 2010.

Property and Equipment
Property and equipment are recorded at cost.  Depreciation is provided on the straight-line method over the estimated useful lives of the assets, which range from three to fifteen years.  Expenditures for major renewals and betterments that extend the original estimated economic useful lives of the applicable assets are capitalized.  Expenditures for normal repairs and maintenance are charged to expense as incurred.  The cost and related accumulated depreciation of assets sold or otherwise disposed of are removed from the accounts, and any gain or loss is included in operations.

Oil and Gas Producing Activities
The Company follows the full cost method of accounting for oil and gas operations whereby all costs associated with the exploration and development of oil and gas properties are initially capitalized into a single cost center (“full cost pool”). Such costs include land acquisition costs, geological and geophysical expenses, carrying charges on non-producing properties and costs of drilling directly related to acquisition and exploration activities. Proceeds from property sales are generally credited to the full cost pool, with no gain or loss recognized, unless such a sale would significantly alter the relationship between capitalized costs and the proved reserves attributable to these costs. A significant alteration would typically involve a sale of 25% or more of the proved reserves related to a full cost pool.

Depletion of exploration and production costs and depreciation of production equipment is computed using the units of production method based upon estimated proved oil and gas reserves as determined by consulting engineers and prepared (annually) by independent petroleum engineers. Costs included in the depletion base to be amortized include (a) all proved capitalized costs including capitalized asset retirement costs, net of estimated salvage values, less accumulated depletion, (b) estimated future development cost to be incurred in developing proved reserves; and (c) estimated dismantlement and abandonment costs, net of estimated salvage values that have not been included as capitalized costs because they have not yet been capitalized in asset retirement costs. The costs of unproved properties are withheld from the depletion base until it is determined whether or not proved reserves can be assigned to the properties. The unproved properties are reviewed quarterly for impairment. When proved reserves are assigned or the unproved property is considered to be impaired, the cost of the property or the amount of the impairment is added to the costs subject to depletion calculations.

Current guidance requires that  unamortized capitalized costs (less certain adjustments) for each cost center  not exceed the cost ceiling, which is defined as the present value of future net revenues from estimated production of proved oil and gas reserves (plus certain adjustments). If adjusted unamortized costs capitalized within a cost center exceed the cost center ceiling, the excess is charged to expenses and separately disclosed during the period it occurs. The Company evaluates the carrying cost of the applicable oil producing properties for any impairment as required.

Derivatives
The Company does not use derivative instruments to hedge exposures to cash flow, market, or foreign currency risks. Derivative financial instruments are initially measured at their fair value. For derivative financial instruments that are accounted for as liabilities, the derivative instrument is initially recorded at its fair value and is then revalued at each reporting date, with changes in the fair value reported as charges or credits to income. For option−based derivative financial instruments, the Company uses the lattice model to value the derivative instruments. The classification of derivative instruments, including whether such instruments should be recorded as liabilities or as equity, is reassessed at the end of each reporting period. Derivative instrument liabilities are classified in the balance sheet as current or non−current based on whether or not cash settlement of the derivative instrument could be required within 12 months of the balance sheet date.
 
Asset Retirement Obligation
The Company accounts for its asset retirement obligations by recording the fair value of a liability for an asset retirement obligation recognized for the period in which it was incurred if a reasonable estimate of fair value could be made. The associated asset retirement costs are capitalized as part of the carrying amount of the long-lived asset. The increase in carrying value of a property associated with the capitalization of an asset retirement cost is included in proved oil and gas properties in the consolidated balance sheets. The Company depletes the amount added to proved oil and gas property costs. The future cash outflows associated with settling the asset retirement obligation that have been accrued in the accompanying balance sheets are excluded from the ceiling test calculations. The Company also depletes the estimated dismantlement and abandonment costs, net of salvage values, associated with future development activities that have not yet been capitalized as asset retirement obligations. These costs are also included in the ceiling test calculations. Accretion of the asset retirement liability is allocated to operating expense using the discount method.

Revenue Recognition
IFL earns revenue from both throughput and storage fees on a monthly basis. The Company recognizes revenue from throughput fees in the month that the services are provided based upon contractually determined rates. The Company recognizes storage fee revenue in the month that the service is provided in accordance with our customer contracts.

As described above, in accordance with the requirement of current guidance, the Company recognizes revenue when (1) persuasive evidence of an arrangement exists (contracts) (2) delivery has occurred (monthly) (3) the seller’s price is fixed or determinable (per the customer’s contract or current market price) and (4) collectability is reasonably assured (based upon our credit policy).

The Company has performed an analysis and determined that gross revenue reporting is appropriate, since (1) the Company is the primary obligor in the transaction (2) the Company has latitude in establishing price and (3) the Company provides the product and performs part of the service.

Adino Exploration earns revenue from the sale of oil.  The Company recognizes oil, gas and natural gas condensate revenue in the period of delivery.  Settlement for oil sales occurs 30 days after the oil has been sold; and settlement for gas sales occurs 60 days after the gas has been sold.  The Company recognizes revenue when an arrangement exists, the product or service has been provided, the sales price is fixed or determinable, and collectability is reasonably assured.

Segment Reporting
The Company is required to present segment reporting (also called line of business reporting) in its financial reports when a reportable segment meets one or more of the following tests: (1) revenue is 10% or more of combined revenue; (2) operating profit is 10% or more of combined operating profit (operating profit excludes unallocable general corporate revenue and expenses, interest expense, and income taxes); or (3) identifiable assets are 10% or more of the combined identifiable assets.. Current guidance requires that financial statements include information about operations in different industries, foreign operations, export sales, major customers, and government contracts. The disclosures provide data useful in evaluating a segment's profit potential and riskiness. A significant segment in the past that is expected to be so again should be reported even though it failed the 10% test in the current year. Segments must represent a substantial portion (at least 75%) of the company's total revenue to unaffiliated customers. As a matter of practicality, however, no more than 10 segments should be shown. While intersegment sales or transfers are eliminated in consolidated financial statements, they are included for purposes of segment disclosure in determining the 10% and 75% rules. The disclosures are not required for an enterprise that derives 90% or more of its revenues from one industry. The segmental disclosures may be presented in the body of the financial statements, footnotes, or a separate schedule.

With the acquisition of the oil and gas companies discussed in Item 1, the Company had a segment that represented in excess of 10% of identifiable assets.  See Note 19 for segment reporting detail.

Income Taxes
The Company uses the asset and liability approach to account for income taxes. Under this method, deferred tax assets and liabilities are recognized for the expected future tax consequences of differences between the carrying amounts of assets and liabilities and their respective tax bases using tax rates in effect for the year in which the differences are expected to reverse. A valuation allowance is provided when it is more likely than not that some portion or all of the deferred tax assets will not be realized. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period when the change is enacted.

On January 1, 2007, the Company adopted an accounting standard which clarifies the accounting for uncertainty in income taxes recognized in financial statements. This standard provides guidance on recognizing, measuring, presenting and disclosing in the financial statements uncertain tax positions that a company has taken or expects to take on a tax return.

Income (Loss) Per Share
Current guidance requires earnings per share (“EPS”) to be computed and reported as both basic EPS and diluted EPS. Basic EPS is computed by dividing net income by the weighted average number of common shares outstanding for the period. Diluted EPS is computed by dividing net income by the weighted average number of common shares and dilutive common stock equivalents (convertible notes and interest on the notes, stock awards and stock options) outstanding during the period. Dilutive EPS reflects the potential dilution that could occur if options to purchase common stock were exercised for shares of common stock.   The dilutive effect of convertible instruments on earnings per share is not presented in the consolidated statements of operations for periods with a net loss.

Stock-Based Compensation
We record stock-based compensation as a charge to earnings, net of the estimated impact of forfeited awards. As such, we recognize stock-based compensation cost only for those stock-based awards that are estimated to ultimately vest over their requisite service period, based on the vesting provisions of the individual grants. The process of estimating the fair value of stock-based compensation awards and recognizing stock-based compensation cost over their requisite service periods involves significant assumptions and judgments.

We estimate the fair value of stock option awards on the date of grant using a Black-Scholes valuation model which requires management to make certain assumptions regarding: (i) the expected volatility in the market price of the Company’s common stock; (ii) dividend yield; (iii) risk-free interest rates; and (iv) the period of time employees are expected to hold the award prior to exercise (referred to as the expected holding period). The dividend yield is based on the approved annual dividend rate in effect and current market price of the underlying common stock at the time of grant. The risk-free interest rate is based on the U.S. Treasury yield curve in effect at the time of grant for bonds with maturities ranging from one month to ten years. The expected holding period of the awards granted is estimated using the historical exercise behavior of employees. In addition, we estimate the expected impact of forfeited awards and recognize stock-based compensation cost only for those awards expected to vest. We use historical experience to estimate projected forfeitures. If actual forfeiture rates are materially different from our estimates, stock-based compensation expense could be significantly different from what we have recorded in the current period. We periodically review actual forfeiture experience and revise our estimates, as considered necessary. The cumulative effect on current and prior periods of a change in the estimated forfeiture rate is recognized as compensation cost in earnings in the period of the revision.

The Company has granted options and warrants to purchase Adino’s common stock.  These instruments have been valued using the Black-Scholes model.

Impairment of Long-Lived Assets
In the event that facts and circumstances indicate that the carrying value of a long-lived asset may be impaired, an evaluation of recoverability is performed by comparing the estimated future undiscounted cash flows associated with the asset or the asset’s estimated fair value to the asset’s carrying amount to determine if a write-down to market value or discounted cash flow is required.

For the quarters ended June 30, 2011 and 2010, Adino evaluated and determined that no impairment was warranted on the fixed assets of the Company.  Additionally, no impairment was required on the oil and gas assets of the Company.  There was no change to the impairment analysis performed at the December 31, 2010 audit and no indicators of impairment at the review.  See Notes 9 and 10 for a more thorough discussion of the Company’s fixed assets and oil and gas assets as of June 30, 2011.

Goodwill
Goodwill is our single largest asset. We evaluate the recoverability and measure the potential impairment of our goodwill annually. The annual impairment test is a two-step process that begins with the estimation of the fair value of the reporting unit. The first step screens for potential impairment and the second step measures the amount of the impairment, if any. Our estimate of fair value considers the financial projections and future prospects of our business, including its growth opportunities and likely operational improvements. As part of the first step to assess potential impairment, we compare our estimate of fair value for the reporting unit to the book value of the reporting unit. We determine the fair value of the reporting units based on the income approach. Under the income approach, we calculate the fair value of a reporting unit based on the present value of estimated future cash flows. If the book value is greater than our estimate of fair value, we would then proceed to the second step to measure the impairment, if any. The second step compares the implied fair value of goodwill with its carrying value. The implied fair value is determined by allocating the fair value of the reporting unit to all of the assets and liabilities of that unit as if the reporting unit had been acquired in a business combination and the fair value of the reporting unit was the purchase price paid to acquire the reporting unit. The excess of the fair value of the reporting unit over the amounts assigned to its assets and liabilities is the implied fair value of goodwill. If the carrying amount of the reporting unit’s goodwill is greater than its implied fair value, an impairment loss will be recognized in the amount of the excess. We believe our estimation methods are reasonable and reflect common valuation practices.

In December 2010, the FASB issued FASB ASU No. 2010-28, “When to Perform Step 2 of the Goodwill Impairment Test for Reporting Units with Zero or Negative Carrying Amounts,” which is now codified under FASB ASC Topic 350, “Intangibles — Goodwill and Other.” This ASU provides amendments to Step 1 of the goodwill impairment test for reporting units with zero or negative carrying amounts. For those reporting units, an entity is required to perform Step 2 of the goodwill impairment test if it is more likely than not goodwill impairment exists. When determining whether it is more likely than not impairment exists, an entity should consider whether there are any adverse qualitative factors, such as a significant deterioration in market conditions, indicating impairment may exist. FASB ASU No. 2010-28 is effective for fiscal years (and interim periods within those years) beginning after December 15, 2010. Early adoption is not permitted. Upon adoption of the amendments, an entity with reporting units having carrying amounts which are zero or negative is required to assess whether it is more likely than not the reporting units’ goodwill is impaired. If the entity determines impairment exists, the entity must perform Step 2 of the goodwill impairment test for that reporting unit or units. Step 2 involves allocating the fair value of the reporting unit to each asset and liability, with the excess being implied goodwill. An impairment loss results if the amount of recorded goodwill exceeds the implied goodwill. Any resulting goodwill impairment should be recorded as a cumulative-effect adjustment to beginning retained earnings in the period of adoption.

On a quarterly basis, we perform a review of our business to determine if events or changes in circumstances have occurred which could have a material adverse effect on the fair value of the Company and its goodwill. If such events or changes in circumstances were deemed to have occurred, we would perform an impairment test of goodwill as of the end of the quarter, consistent with the annual impairment test performed at the end of our fiscal year on December 31, and record any noted impairment loss.
 
Based on the evaluations performed by management, there were no indicators of impairment at June 30, 2011 or December 31, 2010.

Fair Value of Financial Instruments
On January 1, 2008, the Company adopted a new standard related to the accounting for financial assets and financial liabilities and items that are recognized or disclosed at fair value in the financial statements on a recurring basis, at least annually. This standard provides a single definition of fair value and a common framework for measuring fair value as well as new disclosure requirements for fair value measurements used in financial statements. Fair value measurements are based upon the exit price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants exclusive of any transaction costs, and are determined by either the principal market or the most advantageous market. The principal market is the market with the greatest level of activity and volume for the asset or liability. Absent a principal market to measure fair value, the Company would use the most advantageous market, which is the market that the Company would receive the highest selling price for the asset or pay the lowest price to settle the liability, after considering transaction costs. However, when using the most advantageous market, transaction costs are only considered to determine which market is the most advantageous and these costs are then excluded when applying a fair value measurement. The adoption of this standard did not have a material effect on the Company’s financial position, results of operations or cash flows.

On January 1, 2009, the Company adopted an accounting standard for applying fair value measurements to certain assets, liabilities and transactions that are periodically measured at fair value. The adoption did not have a material effect on the Company’s financial position, results of operations or cash flows.

In August 2009, the FASB issued an amendment to the accounting standards related to the measurement of liabilities that are routinely recognized or disclosed at fair value. This standard clarifies how a company should measure the fair value of liabilities, and that restrictions preventing the transfer of a liability should not be considered as a factor in the measurement of liabilities within the scope of this standard. This standard became effective for the Company on October 1, 2009. The adoption of this standard did not have a material impact on the Company’s consolidated financial statements.

The fair value accounting standard creates a three-level hierarchy to prioritize the inputs used in the valuation techniques to derive fair values. The basis for fair value measurements for each level within the hierarchy is described below with Level 1 having the highest priority and Level 3 having the lowest.

 
Level 1: 
Quoted prices in active markets for identical assets or liabilities.
 
 
Level 2: 
Quoted prices for similar assets or liabilities in active markets; quoted prices for identical or similar instruments in markets that are not active; and model-derived valuations in which all significant inputs are observable in active markets.
 
 
Level 3: 
Valuations derived from valuation techniques in which one or more significant inputs are unobservable.

Reclassification
Certain amounts reported in the prior period financial statements have been reclassified to the current period presentation.
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NOTE 15 – DERIVATIVE LIABILITY

Based on current guidance, the Company concluded that the convertible notes payable to Asher referred to in Note 16 were required to be accounted for as a derivatives. This guidance requires the Company to bifurcate and separately account for the conversion features of the convertible notes issued as embedded derivatives.

With convertible notes in general, there are three primary events that can occur: the holder can convert the note into stock; the Company can force conversion of the convertible note; or the Company can default on the note or liquidate. The model analyzed the underlying economic factors that influenced which of these events would occur, when they were likely to occur, and the specific terms that would be in effect at the time (i.e. interest rates, stock price, conversion price etc.). Projections were then made on these underlying factors which led to a set of potential scenarios. Probabilities were assigned to each of these scenarios based on management projections. This led to a cash flow projection and a probability associated with that cash flow. A discounted weighted average cash flow over the various scenarios was completed, and it was compared to the discounted cash flow of a hypothetical one year 0% debt instrument without the embedded derivatives, thus determining a value for the compound embedded derivatives at the date of issue.

Derivative financial instruments are initially measured at their fair value.  For  derivative  financial  instruments  that are accounted for as liabilities,  the derivative  instrument is initially recorded at its fair value and is then  re-valued at each reporting  date,  with changes in the fair value  reported  as charges  or credits to income.

The Company used a lattice model that values the compound embedded derivatives based on a probability weighted discounted cash flow model. This model is based on future projections of the various potential outcomes. The Asher note contained embedded derivatives that were analyzed. Certain features of the Asher note were incorporated into the derivative valuation model, including the conversion feature with a reduction of the conversion rate based upon future below-market issuances and the redemption options.

The structure of the Asher notes caused three other financial instruments held by the Company to be deemed derivatives: The BWME and Schwartz notes and the Haag warrants. All were valued as derivatives as of the date of the Asher note issuance (Haag warrants) or date of issuance (BWME and Schwartz notes) and revalued at December 31, 2010 and June 30, 2011.

Below is detail of the derivative liability balances as of June 30, 2011 and December 31, 2010.

Derivative Liability
 
December 31, 2010
   
Additions
   
Increase 
(Decrease)
from valuation
   
June 30, 2011
 
                         
Asher note / BWME notes / Schwartz notes
    96,161     $ 68,757     $ (51,467 )   $ 113,451  
                                 
Haag warrants
    7,350       -       (643 )     6,707  
                                 
Total
    103,511     $ 68,757     $ (52,110 )   $ 120,158  

The net gain of $16,647 is split between additions to derivative liability due to new notes of $62,466, a reduction of $38,544 to additional paid-in-capital for the derivative reduction attributable to the Asher note conversions discussed in Notes 13 and 16.  The remaining $7,275 is reflected as loss on derivatives in the statement of operations.
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NOTE 14 - CONTRACT CLAWBACK PROVISION

A component of the acquisition agreement with PetroGreen Energy and AACM3, LLC gave the former owners of these companies the option to repurchase for $1.00 the assets held by the companies as of July 1, 2010 if the Company’s common stock price fails to reach $0.25 per share within three years of the original acquisition date. This contract clawback provision was valued at July 1, 2010 at $408,760 and has been revalued at each successive balance sheet date.  The current value of $338,050 at June 30, 2011, resulted in a loss on change in clawback valuation of $696 for the six months ended.
NOTE 19 – SEGMENT REPORTING

On July 1, 2010, the Company purchased PetroGreen Energy, LLC and AACM3, LLC, jump-starting its re-entry into the oil and gas exploration and production industry.  To facilitate those operations, the Company started two new wholly owned subsidiaries, Adino Exploration, LLC and Adino Drilling, LLC.  All oil and gas operations are conducted under these two subsidiaries.  The Company maintains all fuel storage operations, separately, in IFL.

Revenue:
The new oil and gas segment experienced minimal revenues during 2010, with only 6 months of ownership in the mature oilfield assets.  The Company experienced significant expenses in subsidiary origination, office set-up, hiring of employees and the well workover program.  The net income of the combined oil and gas segment for the quarter ended June 30, 2011 is as follows:

   
For the three 
months ended 
June 30, 2011
   
For the six 
months ended 
June 30, 2011
 
Revenues
  $ 91,255     $ 121,458  
                 
Production and lease operating expenses
    41,586       182,062  
Revenue sharing royalties
    15,193       20,643  
Impairment of oil and natural gas properties
    -       -  
Accretion of asset retirement obligation
    908       1,733  
Depreciation, depletion and amortization
    22,937       45,379  
Total costs
    80,264       249,817  
                 
Pretax income (loss) from producing activities
    10,631       (128,359 )
Income tax expense
    -       -  
Results of oil and natural gas producing activities
               
(excluding overhead and interest costs)
  $ 10,631     $ (128,359 )

There were no corresponding revenue or expenses for the six months ended June 30, 2010, as the oil and gas operations were acquired on July 1, 2010.

The Company experienced a significant increase in oil revenues during the second quarter of 2011, primarily due to the completion of three wells on the James Leonard lease.

Assets
Total Company assets at June 30, 2011 and December 31, 2010 were $3,543,443 and $3,738,767, respectively.  The oil and gas acquisition substantially added to the Company’s asset base. At June 30, 2011 and December 31, 2010, total net oil and gas assets were $416,621 and $719,950 or 12.7% and 19.3% of the totals, respectively.

 As of March 31, 2011, the Company sold Adino Drilling, LLC, resulting in a decrease in machinery and equipment of $350,702, net of depreciation.

   
June 30,
2011
   
December 31,
2010
 
             
Machinery and equipment, net of depreciation
  $ 150,193     $ 505,611  
Leasehold improvements, net of depreciation
    6,896       -  
Oil and gas properties:  proved, net of depletion and impairment
    368,713       119,458  
Oil and gas properties:  unproved
    1,080       59,060  
Asset retirement cost
    39,490       35,821  
Total net oil and gas assets
  $ 566,372     $ 719,950
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NOTE 4-LEASE COMMITMENTS

On April 1, 2007, IFL agreed to lease a fuel storage terminal from 17617 Aldine Westfield Road, LLC for 18 months at $15,000 per month. The lease contained an option to purchase the terminal for $3.55 million by September 30, 2008. The Company evaluated this lease and determined that it qualified as a capital lease for accounting purposes.  The terminal was capitalized at $3,179,572, calculated using the present value of monthly rent at $15,000 for the months April 2007 – September 2008 and the final purchase price of $3.55 million discounted at IFL’s incremental borrowing rate of 12.75%.  The terminal was depreciated over its useful life of 15 years resulting in monthly depreciation expense of $17,664.  As of December 31, 2007, the carrying value of the capital lease liability was $3,355,984.

Due to the difficult credit markets, the Company was unable to secure financing for the Houston terminal facility and assigned its rights under the terminal purchase option to Lone Star Fuel Storage and Transfer, LLC (“Lone Star”).  Lone Star purchased the terminal from 17617 Aldine Westfield Road, LLC on September 30, 2008.  Lone Star then entered into a five year operating lease with option to purchase with IFL.  The five year lease has monthly rental payments of $30,000, escalating 3% per year.  IFL’s purchase option allows for the terminal to be purchased at any time prior to October 1, 2009 for $7,775,552.  The sale price escalates $1,000,000 per year after this date, through the lease expiration date of September 30, 2013.  The Company recognizes the escalating lease payments on a straight line basis.  As of June 30, 2011, the Company has not exercised its option to purchase the Houston terminal facility.

The Lone Star lease was evaluated and was deemed to be an operating lease.

The transactions that led to the above two leases both resulted in gains to the Company.  The lawsuit settlement just prior to the lease with 17617 Aldine Westfield Road, LLC resulted in a gain to the Company of $1,480,383.  The Company amortized this amount over the life of the capital asset, or 15 years.

At the expiration of the capital lease, September 30, 2008, the above remaining gain of $1,332,345 was rolled into the gain on the sale assignment transaction with Lone Star of $624,047.  The total remaining gain to be amortized as of September 30, 2008 was $1,956,392. This amount is being amortized over the life of the Lone Star operating lease, or 60 months.  The operating lease expires on September 30, 2013.  This treatment is consistent with sale leaseback gain recognition rules.

For each quarter ended June 30, 2011 and 2010, the Company recognized $195,639 in gain on sale/leaseback.
1352369
NOTE 13 - NOTES PAYABLE

   
June 30, 2011
   
December 31, 2010
 
             
Note payable  - Stuart Sundlun, bearing interest of 10% per annum, due August 7, 2011
  $ 1,500,000     $ 1,500,000  
Notes payable - Schwartz group, bearing interest at 6%, due January 9, 2013
    272,500       -  
Note payable - Gulf Coast Fuels, bearing interest of $25,000
    275,000       275,000  
Demand note - Perales, non interest bearing, due May 31, 2011
    -       50,000  
Note payable – Asher notes, net of discount of $42,318 and $26,807 at June 30, 2011 and December 31, 2010, respectively
    63,682       30,693  
bearing interest of 8% per annum, due May 13, 2011, (balance $0.00 at 6/30/2011; $57,500 at 12/31/10)
               
bearing interest of 8% per annum, due February 16, 2012 (balance $53,000 at 6/30/2011; $0.00 at 12/31/10)
               
bearing interest of 8% per annum, due March 23,2012 (balance $53,000 at 6/30/2011; $0.00 at 12/31/10)
               
Notes payable - BWME, bearing interest at 8% per annum, due September 2, 2013
    400,000       400,000  
Note payable - GMAC, bearing interest of 11.7% per annum with 60 monthly payments of $895, due May 13, 2013
    18,211       22,403  
Total notes payable
  $ 2,529,393     $ 2,278,096  
Less: current portion
    (1,847,753 )     (1,864,251 )
Long term note payable
  $ 681,640     $ 413,845  

On August 11, 2010, the Company issued a convertible promissory note to Asher Enterprises, Inc. (“Asher”), in the amount of $57,500. The note had a maturity date of May 13, 2011 and an annual interest rate of eight percent (8%) per annum. The holders have the right from and after the date of issuance, and until any time until the note is fully paid, to convert any outstanding and unpaid principal portion of the note, and accrued interest, into fully paid and non-assessable shares of common stock. The note has an initial conversion price of fifty eight percent (58%) of the 3 lowest closing bid prices for the 10 days preceding the conversion date and full reset provision. The note’s convertible feature was valued and resulted in a debt discount of $35,838, which is being amortized over the nine month note life, using the straight line method. In this case, using the straight line method approximates the effective interest method, given the short time to maturity. The Company has the right to redeem the note within 90 days from the date of issuance for 150% of the redemption amount and accrued interest. See Note 16 for a complete discussion of the derivative treatment and accounting of the Asher note.

During the first quarter, 2011, Asher converted $34,000 of the notes into the Company’s common stock, resulting in an issuance of 1,862,833 shares to Asher.  During the second quarter of 2011, Asher converted the remaining balance of $23,500 into the Company’s common stock, resulting in an issuance of 2,036,820 shares to Asher.  See Note 16 for a detailed description of each conversion.

On September 2, 2010, the Company issued convertible promissory notes to investors in the amount of $400,000, to fund financing and start-up costs of the recent Petro Energy acquisition. The notes have a maturity date of September 2, 2013, with accrued interest paid quarterly and an annual interest rate of eight percent (8%) per annum. The holders have the right from and after the date of issuance, and until any time until the note is fully paid, to convert any outstanding and unpaid principal portion of the note, and accrued interest, into fully paid and non-assessable shares of common stock. The note has a fixed conversion price of $0.10.

On January 10, 2011, the Company issued convertible promissory notes to investors in the amount of $272,500, to fund drilling activities associated with the recent Petro Energy acquisition. The notes have a maturity date of January 9, 2013, with interest accrued and paid at the option of the holder at an annual interest rate of six percent (6%) per annum. The holders have the right from and after the date of issuance, and until any time until the note is fully paid, to convert any outstanding and unpaid principal portion of the note, and accrued interest, into fully paid and non-assessable shares of common stock. The note has a fixed conversion price of $0.35.

During the second quarter of 2011, the Company issued two nine-month convertible promissory notes to Asher Enterprises, Inc., in the amount of $53,000 each. The notes have maturity dates of February 16, 2012 and March 23, 2012 and an annual interest rate of eight percent (8%) per annum. The holders have the right from and after the date of issuance, and until any time until the note is fully paid, to convert any outstanding and unpaid principal portion of the note, and accrued interest, into fully paid and non-assessable shares of common stock. The note has an initial conversion price of sixty five percent (65%) of the three lowest closing bid prices for the ten days preceding the conversion date. The note’s convertible feature was valued and resulted in a debt discount of $47,916, which is being amortized over the nine month note life, using the straight line method. In this case, using the straight line method approximates the effective interest method, given the short time to maturity. The Company has the right to redeem the note within 90 days from the date of issuance for 135% of the redemption amount and accrued interest, from days 91-120, the Company has the right to redeem the notes for 145% of the redemption amount and accrued interest, and from days 121-180, the Company has the right to redeem the notes for 150% of the redemption amount and accrued interest.  See Note 16 for a complete discussion of the derivative treatment and accounting of the Asher note.
-207515 32405
NOTE 17 – EARNINGS PER SHARE

The table below sets forth the computation of basic and diluted net income (loss) per share for the three and six months ended June 30, 2011 and 2010.

   
For the quarter ended June 30
   
For the six months ended June 30
 
   
2011
   
2010
   
2011
   
2010
 
Numerator:
                       
Basic net income
  $ 43,191     $ (51,088 )   $ (450,281 )   $ 78,779  
Diluted net income (loss)
  $ 43,191     $ (51,088 )   $ (450,281 )   $ 78,779  
                                 
Denominator:
                               
Basic weighted average common shares outstanding
    110,998,850       93,760,579       109,351,262       93,672,181  
Effect of dilutive securities                                 
Convertible note
    -       -       -       -  
Dilutive weighted average common shares outstanding
    110,998,850       93,760,579       109,351,262       93,672,181  
Basic net income (loss) per share
  $ 0.00     $ (0.00 )   $ (0.00 )   $ 0.00  
Diluted net income (loss) per share
  $ 0.00     $ (0.00 )   $ (0.00 )   $ 0.00  
 
As of June 30, 2011, Adino had 111,160,232 shares outstanding, with no shares payable outstanding. The Company uses the treasury stock method to determine whether any outstanding options or warrants are to be included in the diluted earnings per share calculation.

As of both June 30, 2011 and 2010, Adino had 1,000,000 earned options outstanding to employees and consultants, exercisable between $0.10 to $0.35 each.  Using an average share price for the six months ended June 30, 2011 and 2010 of $0.029 and $0.013 respectively, the options resulted in no additional dilution to the Company.

The Company calculated the dilutive effect of the convertibility of the Asher notes, resulting in additional weighted average share additions of 1,058,613 and 730,110 for the three and six months ended June 30, 2011. The effect on earnings per share from the Company’s BWME convertible notes was excluded from the diluted weighted average shares outstanding because the conversion of these instruments would have been non-dilutive since the strike price is above the market price for our stock.  There were no dilutive note instruments in place at June 30, 2010.

The dilutive effect of convertible instruments on earnings per share is not presented in the consolidated statements of operations for periods with a net loss.
191227 0.00 44401 178490 136832 378500
NOTE 20 – SUBSEQUENT EVENTS

On July 20, 2011, the Company borrowed an additional $35,000 from Asher Enterprises, Inc.  The note follows the same terms as the previous Asher notes issued in May and June 2011.

On August 8, 2011, the Company issued 10,750,000 common shares to RKM Capital Enterprises, for a one-year consulting contract.

There were no additional subsequent events through August 15, 2011, the date the financial statements were issued.
-7275 -450281
NOTE 8 - NOTES RECEIVABLE / INTEREST RECEIVABLE

On November 6, 2003, Mr. Stuart Sundlun acquired 1,200 units of IFL from Adino. Part of the purchase price was a note from Mr. Sundlun dated November 6, 2003, bearing interest of 10% per annum in the amount of $750,000. This note was secured by 600 units of IFL being held in attorney escrow and released pursuant to the sales agreement.  The sales agreement provided that the unreleased units would revert to Adino if Mr. Sundlun did not acquire the remaining 600 units.

On August 7, 2006, IFL repurchased the units sold to Mr. Sundlun. The entire amount due from Mr. Sundlun and payable to Mr. Sundlun is reported at gross (i.e., without offset) in the Company's financial statements. The right of offset does not officially exist even though it has been discussed. In accordance with current guidance, the Company did not net the note receivable against the note payable. Current guidance states “It is a general principal of accounting that the offsetting of assets and liabilities in the balance sheet is improper except where a right of setoff exists.” Although both parties agreed verbally that a net payment would be acceptable, no formal documentation exists of this verbal agreement.

In addition to the above facts, the note holder provided a separate written confirmation to the Company's auditors at December 31, 2010 of both the note payable and note receivable balances, respectively.

The Company's net notes receivable and payable to and from Mr. Sundlun are a net payable of $750,000.

The 600 units of IFL are no longer held in escrow as the Company purchased all 1,200 units of IFL including the escrow units for $1,500,000 which is the value of the note payable.
 
The note receivable from Mr. Sundlun matured on November 6, 2008.  The Company extended the note’s maturity date to August 8, 2011 with no additional interest accrual to occur past November 6, 2008.  Due to the fact that there will be no interest accrued on the note going forward, the Company recorded a discount on the note principal of $179,671.  This amount will amortize until the note’s maturity in August 2011.
 
Interest accrued on the Sundlun note receivable was $375,208 at June 30, 2011 and December 31, 2010.

A schedule of the balances at June 30, 2011 and December 31, 2010 is as follows:

   
June 30, 2011
   
December 31, 2010
 
             
Sundlun, net of unamortized discount of $7,011 and $46,570, respectively
 
$
742,989
   
$
703,430
 
Less: current portion
   
(742,989
)
   
(703,430
)
Total long-term notes receivable
 
$
-
   
$
-
 
 
90672 426968 57500 121458 -39559 260019 0.00
NOTE 1 - ORGANIZATION

Adino Energy Corporation ("Adino", “we” or the "Company"), is an emerging oil and gas exploration and production company focused on mature oilfield assets with significant redevelopment, work-over and enhanced oil recovery (EOR) potential. The Company also leases and operates a fuel terminal in Houston, Texas.

Adino was incorporated under the laws of the State of Montana on August 13, 1981, under the name Golden Maple Mining and Leaching Company, Inc. In 1985, the Company ceased its mining operations and discontinued all business operations in 1990. The Company then acquired Consolidated Medical Management, Inc. (“CMMI”) and kept the CMMI name. The Company initially focused its efforts on the continuation of the business services offered by CMMI. These services focused on the delivery of turn-key management services for the home health industry, predominately in south Louisiana. The Company exited the medical business in December 2000. In August 2001, the Company decided to refocus on the oil and gas industry and in October, 2001 changed its name to Consolidated Minerals Management, Inc. In 2006, we decided to cease our oil and gas activities and focus on becoming a fuel company.

The Company’s wholly owned subsidiary, Intercontinental Fuels, LLC (“IFL”), a Texas limited liability company, was founded in 2003. Adino first acquired 75% of IFL’s membership interests in 2003. We now own 100% of IFL.

In January 2008, the Company changed its name to Adino Energy Corporation. We believe that this name better reflects our current and future business activities, as we plan to continue focusing on the energy industry.

As of July 1, 2010, the Company acquired PetroGreen Energy LLC, a Nevada limited liability company, and AACM3, LLC, a Texas limited liability company d/b/a Petro 2000 Exploration Co. (together "Petro Energy"). Petro Energy is a licensed Texas oilfield operator currently operating 14 wells on two leases covering approximately 300 acres in Coleman County, Texas. Petro Energy also owned a drilling rig, two service rigs and associated tools and equipment. The Company also acquired the operator license held by the principal of Petro Energy.

After the acquisition of Petro Energy, the Company created two wholly owned subsidiaries:  Adino Exploration, LLC (“Adino Exploration”) and Adino Drilling, LLC (“Adino Drilling”).  All oil and gas leases were transferred from the Petro Energy companies to Adino Exploration and future oil and gas exploration acquisitions and activity are to be operated through this company.  The large drilling rig acquired in the Petro Energy transaction and other associated drilling machinery and equipment were transferred to Adino Drilling.

On March 31, 2011, the Company sold the membership shares of Adino Drilling, LLC to a related party.  Under the terms of the agreement, the Company realized a reduction in accrued liability of $100,000 and acquired a $500,000 six year, 5.24% interest note receivable, for a total sale price of $600,000.  The sale resulted in a gain to the Company of $247,376; however the transaction’s related party note of $500,000 is not allowed for reporting purposes, therefore the Company has a reportable loss of $252,624.
-18989 112061 -268911 58052
NOTE 6 – SALE OF ADINO DRILLING, LLC

On March 31, 2011, the Company sold the membership shares of Adino Drilling, LLC to a related party.  Under the terms of the agreement, the Company realized a reduction in accrued liability of $100,000 and acquired a $500,000 six year, 5.24% interest note receivable, for a total sale price of $600,000.  The sale resulted in a gain to the Company of $247,376; however the transaction’s related party note of $500,000 is not allowed for reporting purposes, and therefore the Company realized a reportable loss of $252,624.  Adino’s management believes that the sale of the drilling rig and associated equipment was in the best interest of the Company and the shareholders.  The rig held by the Company was primarily suited for drilling up to 3,500 feet. However, the Company is currently drilling shallower wells. This large rig would be uneconomical for drilling smaller wells. The Company has decided to contract with service companies that specialize in shallower wells, thus reducing drilling expense.  The cash flow to be realized from the $500,000 note, accompanied by the decreased related party compensation of $100,000, is expected to increase Adino’s cash flow.

With the sale of Adino Drilling, LLC, the $7,139 of goodwill resulting from the original PetroGreen acquisition, discussed in Note 5 was written off.  The transaction has been accounted for as a discontinued operation.

Below are the asset and liability values for Adino Drilling, LLC at March 31, 2011 and December 31, 2010:

   
Assets disposed at
March 31, 2011
   
December 31, 2010
 
             
Cash
 
$
100
   
$
2,899
 
Fixed assets, net of depreciation of $34,837 and $21,186 at March 31, 2011 and December 31, 2010, respectively
   
350,702
     
354,415
 
Total assets
   
350,802
     
357,314
 
                 
Accounts payable
   
5,317
     
44,472
 
Accounts payable - related party
   
-
     
412
 
Total liabilities
   
5,317
     
44,884
 
aw8  
               
Net assets - discontinued operations
 
$
345,485
   
$
312,430
 
 
NOTE 9 – FIXED ASSETS

The following is a summary of this category:

   
June 30, 2011
   
December 31, 2010
 
             
Machinery and equipment
 
$
170,240
   
$
138,964
 
Vehicles
   
47,427
     
47,427
 
Leasehold improvements
   
30,786
     
23,789
 
Office equipment
   
3,334
     
3,334
 
Total assets - continuing operations
   
251,787
     
213,514
 
Less: Accumulated depreciation
   
(70,001
)
   
(47,866
)
Net assets - continuing operations
   
181,786
     
165,648
 
Machinery and equipment - Adino Drilling, LLC, discontinued as of 3/31/2011, net of accumulated depreciation
   
-
     
354,415
 
Total
 
$
181,786
   
$
520,063
 

On March 31, 2011, the Company sold the membership shares of Adino Drilling, LLC to a related third party.  Adino Drilling, LLC’s assets were machinery and equipment, with a net book value of $350,701 at the time of sale.

The useful life for leasehold improvements is the duration of the lease on the IFL fuel terminal, through September 30, 2013. Machinery and equipment has a useful life of seven years, vehicles’ useful life is five years and office equipment is being depreciated over three years.  Depreciation expense for the quarters ended June 30, 2011 and 2010 was $35,787 and $2,543, respectively.
NOTE 11 – CONSOLIDATION OF IFL AND GOODWILL

From the period of IFL’s inception to 2005, our ownership percentage in IFL was 60%. Our ownership increased to 80% during 2005 when our 20% partner withdrew from IFL and rescinded its investment. On August 7, 2006, we obtained the remaining 20% interest in IFL from Stuart Sundlun in consideration for a note payable as described in Note 16 below. This transaction was accounted for as a step acquisition. This step acquisition resulted in an additional $1,500,000 of goodwill as the fair value of the net assets acquired was determined by management to be zero and the consideration given as discussed above was the $1,500,000 note.

Additionally, the Company realized $7,139 of goodwill associated with the acquisition of PetroGreen and AACM3, LLC on July 1, 2010.  The Company sold its wholly owned subsidiary, Adino Drilling, LLC as of March 31, 2011 and the goodwill of $7,139 was written off.

Adino evaluated the aggregate goodwill for impairment at June 30, 2011 and December 31, 2010.  There were no impairment indicators.  The Company has determined that the fair value of the reporting unit exceeds its carrying amount and hence the goodwill is not impaired.
-143226 109351262
NOTE 7 – FAIR VALUE OF FINANCIAL INSTRUMENTS

The Company valued the Petro Energy acquisition, the current convertible note and warrant derivatives and the Company’s largest asset, goodwill, using Level 3 criterion, shown below. As of June 30, 2011, the valuations resulted in a loss on derivatives of $7,275 and a loss on contract clawback provision of $696 for a net loss of $7,971.
 
June 30, 2011
                             
Description
 
Level 1
   
Level 2
   
Level 3
   
Total Realized
Gain (Loss) due to
Valuation at
   
Total Unrealized
Gain (Loss) due to
valuation
 
                               
Goodwill
 
$
-
   
$
-
   
$
1,559,240
   
$
-
   
$
-
 
                                         
Notes payable  - derivative
   
-
     
-
     
113,451
     
7,918
     
-
 
                                         
Haag warrants - derivative
   
-
     
-
     
6,707
     
(643)
     
-
 
                                         
Contract clawback provision
   
-
     
-
     
338,050
     
696
     
-
 
Total
 
$
-
   
$
-
   
$
2,017,448
   
$
7,971
   
$
-
 
 
December 31, 2010
                             
Description
 
Level 1
   
Level 2
   
Level 3
   
Total Realized
Gain (Loss) due to
Valuation at June
30, 2010
   
Total Unrealized
Gain (Loss) due to
valuation
 
                               
Goodwill
 
$
-
   
$
-
   
$
1,566,379
   
$
-
   
$
-
 
                                         
Asher /BWME notes  - derivative
   
-
     
-
     
96,161
     
-
     
-
 
                                         
Haag warrants - derivative
   
-
     
-
     
7,350
     
-
     
-
 
                                         
Contract clawback provision
                   
337,354
     
-
     
-
 
Total
 
$
-
   
$
-
   
$
2,007,244
   
$
-
   
$
-
 

At June 30, 2011, the Company had $1,559,240 of goodwill on the balance sheet. There was no gain or loss on valuation for the quarter or six months ended June 30, 2011.
5152 10268
NOTE 5 – PETRO ENERGY ACQUISITION PURCHASE PRICE ALLOCATION

The Company’s acquisition of Petro Energy (see Note 1) included operating wells and fixed assets. The transaction, treated as a business combination, was valued under current guidance using fair value methods. To arrive at the acquired asset’s fair value, the valuation considered the value to be the price, in cash or equivalent, that a buyer could reasonably be expected to pay, and a seller could reasonably be expected to accept, if the business were exposed for sale on the open market for a reasonable period of time, with both buyer and seller being in possession of the pertinent facts and neither being under any compulsion to act.

The Company issued ten million (10,000,000) shares of common stock at closing as consideration for the companies. The stock price as of July 1, 2010 was $0.015 per common share, representing a value of $150,000.

The tangible assets acquired were valued based on the appropriate application of the market or cost approaches. The fair value was estimated at the depreciable value of the current replacement costs based on the age of the assets, assuming they are in good, working order. Additionally, the Company had an independent third party value the oil reserves for the Felix Brandt wells in Coleman, Texas.

A component of the acquisition agreement with PetroGreen Energy and AACM3, LLC gave the former owners of these companies the option to repurchase for $1.00 the assets held by the companies as of July 1, 2010 if the Company’s common stock price fails to reach $0.25 per share within three years of the original acquisition date. This contract clawback provision was valued as a liability at July 1, 2010 at $408,760.

The above valuations resulted in a goodwill calculation on acquisition of $7,139 at July 1, 2010.

Below is the acquisition summary including fair value of assets acquired, liabilities assumed and consideration given as of July 1, 2010:
 
   
Fair Value at July 1, 2010
 
Assets acquired:
     
Tangible drilling costs
 
$
155,700
 
Proved oil and gas properties
   
71,060
 
Machinery and equipment
   
324,861
 
Total acquired asset fair value
   
551,621
 
Less liability assumed:
       
Contract clawback provision
   
(408,760
)
Consideration - Common stock
   
(150,000
)
Goodwill from acquisition
 
$
7,139
 

After acquisition of the Petro Energy companies, the Company created two wholly owned subsidiaries:  Adino Exploration, LLC (“Adino Exploration”) and Adino Drilling, LLC (“Adino Drilling”).  All oil and gas leases and a portion of the machinery and equipment were transferred from the Petro Energy companies to Adino Exploration and future oil and gas exploration acquisitions and activity are to be operated through this company.  The large drilling rig acquired in the Petro Energy transaction and other associated drilling machinery and equipment was transferred to Adino Drilling.
NOTE 18 – CONCENTRATIONS

The following table sets forth the amount and percentage of revenue from those customers that accounted for at least 10% of revenues for the six months ended June 30, 2011 and 2010.

   
Quarter
Ended
         
Quarter
Ended
         
Six Months
Ended
         
Six Months
Ended
       
   
June 30, 2011
   
%
   
June 30, 2010
   
%
   
June 30, 2011
   
%
   
June 30, 2010
   
%
 
                                                 
Customer A
  $ -       0 %   $ -       0 %   $ -       0 %   $ 13,402       1 %
                                                                 
Customer B
  $ 456,000       100 %   $ 354,000       76 %   $ 912,000       100 %   $ 654,000       58 %
                                                                 
Customer C
  $ -       0 %   $ 39,847       8 %   $ -       0 %   $ 142,642       13 %
                                                                 
Customer D
  $ -       0 %   $ -       0 %   $ -       0 %   $ 61,110       5 %
                                                                 
Customer E
  $ -       0 %   $ 72,623       16 %   $ -       0 %   $ 251,042       22 %

The Company had no outstanding customer receivables at June 30, 2011 or December 31, 2010.  Receivables of $58,252 were for accrued oil sales revenue, delivered in the second quarter and not collected as of June 30, 2011.
349132 109351262 324308 -272042 54192 195639 2840 2205 252524 3669 -7275 696 57500 47916
NOTE 12 – ACCRUED LIABILITIES / ACCRUED LIABILITIES –RELATED PARTY

Other liabilities and accrued expenses consisted of the following as of June 30, 2011 and December 31, 2010:

   
June 30, 2011
   
December 31, 2010
 
             
Accrued accounting and consulting fees
  $ 131,000     $ 115,000  
Customer deposits
    110,000       110,000  
Property and payroll tax accrual
    47,171       76,113  
Asset retirement obligation
    42,091       36,689  
Deferred lease liability
    33,965       33,799  
Total accrued liabilities
  $ 364,226     $ 371,601  
                 
Accrued salaries-related party
  $ 902,159     $ 909,960  

Deferred lease liability:  The Lone Star lease is being expensed by the straight line method as required by current guidance, resulting in a deferred lease liability that will be extinguished by the lease termination date of September 30, 2013.

Accrued salaries – related party:  This liability is due to certain officers and directors for prior years’ accrued compensation.  They have agreed to postpone payment if necessary, should the Company need capital it would otherwise pay these individuals.
NOTE 3-GOING CONCERN

As of June 30, 2011, the Company has a working capital deficit of $3,837,172 and total stockholders’ deficit of $2,857,607.  These factors raise substantial doubt regarding the Company’s ability to continue as a going concern. The ability of the Company to continue as a going concern depends upon its ability to obtain funding for its working capital deficit. Of the outstanding current liabilities at June 30, 2011, $391,272 is a non-cash deferred gain on the terminal transaction. See Note 4 for a complete explanation of the deferred settlement gain.  Additionally, $902,159 of the outstanding current liabilities is due to certain officers and directors for prior years’ accrued compensation.  These officers and directors have agreed in writing to postpone payment if necessary, should the Company need capital it would otherwise pay these individuals.  The Company plans to satisfy current year and future cash flow requirements through its fuel terminal storage and oil and gas operations and merger and acquisition opportunities including the expansion of existing business opportunities.  The Company expects these growth opportunities to be financed by a combination of equity and debt capital; however, in the event the Company is unable to obtain additional debt and equity financing, the Company may not be able to continue its operations.
NOTE 10 - OIL AND GAS PROPERTIES

Tangible drilling costs: The Company acquired tangible drilling equipment and proved oil and gas properties with the Petro Energy acquisition in July 2010. The tangible assets were valued based on the appropriate application of the market or cost approaches as of the date of acquisition. The fair value was estimated at the depreciable value of the current replacement costs based on the age and condition of the assets. During the second quarter of 2011, the Company drilled three new wells on the Leonard lease. Of the total cost of these wells, $270,567 is deemed tangible drilling costs and capitalized.

Proved oil and gas properties: As of June 30, 2011, the Company’s Felix Brandt oil and gas leases include eight proved developed producing (PDP) wells and three saltwater disposal wells. According to the reserve analysis conducted by an independent engineering firm, the estimated discounted net cash flow on the Felix Brandt lease was $118,590 as of December 31, 2010. During the second quarter of 2011, the Company completed three oil wells on its James Leonard lease, acquired in the PetroGreen acquisition of July 2010.  According to the reserve analysis conducted by an independent engineering firm, the estimated discounted net cash flow on both the Felix Brandt and James Leonard leases was $942,120 as of June 30, 2011.  Due to our significant net loss carryforward, we do not expect to pay any federal income taxes on future net revenues provided from either the Brandt or Leonard lease production. Therefore, the pre-tax and after-tax estimate of discounted future net cash flows are both $942,120 and $118,590 at June 30, 2011 and December 31, 2010, respectively.

Asset retirement obligation: The Company accounts for its asset retirement obligations by recording the fair value of a liability for an asset retirement obligation recognized in the period in which it was incurred if a reasonable estimate of fair value could be made. The associated asset retirement costs are capitalized as part of the carrying amount of the long-lived asset and allocated to operating expense using a systematic and rational method. During the first six months of 2011, the Company added an asset retirement liability for three wells on the James Leonard lease, based on the average cost to plug and abandon well of similar type and structure in the area.  The resulting liability of $18,000 was recorded at its present value of $11,007, with an offsetting asset adjustment to asset retirement cost.   As of June 30, 2011 and December 31, 2010, the Company has recorded an asset of $39,490 and $35,821 and related liability of $42,091and $36,689, respectively. Accretion for the quarter ended June 30, 2011 was $1,733.

Impairment:  Current guidance requires that  unamortized capitalized costs (less certain adjustments) for each cost center  not exceed the cost ceiling, which is defined as the present value of future net revenues from estimated production of proved oil and gas reserves (plus certain adjustments). If adjusted unamortized costs capitalized within a cost center exceed the cost center ceiling, the excess is charged to expenses and separately disclosed during the period it occurs. The Company evaluated the carrying cost of the applicable oil producing properties and determined that no additional impairment was noted for the quarter or six months ended June 30, 2011.

The oil and gas related asset values at June 30, 2011 and December 31, 2010 were as follows:
 
   
June 30, 2011
   
December 31, 2010
 
             
Tangible drilling costs
  $ 387,470     $ 116,603  
Proved oil and gas properties
    71,060       71,060  
Asset retirement cost
    39,490       35,821  
Impairment
    (47,481 )     (47,481 )
Accumulated DD&A
    (41,256 )     (20,724 )
Total
  $ 409,283     $ 155,279  
 
Depletion:  Depletion, calculated using the units of production method was $3,445 and $17,087 for the three and six months ended June 30, 2011.  There was no corresponding expense during the same period in 2010.
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