Quarterly report pursuant to Section 13 or 15(d)

ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES (Tables)

v3.21.1
ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES (Tables)
3 Months Ended
Mar. 31, 2021
Accounting Policies [Abstract]  
Schedule of Accounts Payable and Accrued Liabilities

For presentation purposes, accounts payable and accrued liabilities have been combined. As of March 31, 2021 and December 31, 2020, accounts payable and accrued liabilities consists of:

 

    As of March 31, 2021   As of December 31, 2020
Accounts payable   $ 12,237,029     $ 9,724,136  
Accrued compensation and related liabilities     3,163,254       3,034,688  
Accrued interest payable     1,989,423       2,093,649  
Other accrued expenses     7,363,687       3,146,478  
Current portion of asset retirement obligations     4,400,410       3,716,000  
Current portion of environmental liabilities     1,104,106       883,000  
    $ 30,257,909     $ 22,597,951  
Schedule of Asset Retirement Obligations

The following table provides a reconciliation of the changes in asset retirement obligations for the quarter ended March 31, 2021 and the year ended December 31, 2020.

 

    Three months ended March 31, 2021   Year ended December 31, 2020
Asset retirement obligations - beginning of period   $ 21,478,977     $ —    
Additions related to acquisition of refinery     —         21,901,977  
Disbursements     (775,249 )     (135,000 )
Accretion     245,000       652,000  
Revised obligation estimates     —         (940,000 )
Asset retirement obligations - end of period   $ 20,948,728     $ 21,478,977  
Schedule of changes in derivative liability

The following presents the change in the derivative liability for the three months ended March 31, 2020:

 

    Three Months Ended
    March 31, 2020
Beginning Balance   $ 24,767,000  
Conversion to note payable     (19,291,000 )
Change in fair value recognized in earnings     (5,476,000 )
 Ending Balance   $ —    

 

The carrying value of the mandatorily redeemable equity instruments of subsidiary as of March 31, 2021:

 

    Carrying Value   Total Fair Value   Quoted prices in active markets for identical assets - Level 1   Significant other observable inputs - Level 2   Significant unobservable inputs - Level 3
Liabilities                                        
Mandatorily redeemable equity instruments of subsidiary   $ 7,193,000     $ 7,193,000     $ —       $ —       $ 7,193,000  

 

The following presents changes in the mandatorily redeemable equity instruments of subsidiary (Class B Units) through the three months ended March 31, 2021 and the year ended December 31, 2020:

 

    Three months ended March 31, 2021   Year ended December 31, 2020
Beginning Balance   $ 5,123,000     $ —    
New unit issuances     1,218,769       3,101,344  
Change in fair value recognized in earnings     851,231       2,021,656  
Ending Balance   $ 7,193,000     $ 5,123,000  
Schedule of Antidilutive Securities Excluded from Computation of Earnings Per Share

The following table presents: 1) instruments that were dilutive for the quarter ended March 31, 2020 were included in the diluted earnings per share, and 2) instruments that were anti-dilutive for the quarter ended March 31, 2021 that were excluded from diluted earnings per share as they would have been anti-dilutive:

 

    Three Months Ended March 31, 2021   Three Months Ended March 31, 2020
Convertible notes and accrued interest     8,906,773       10,007,550  
Convertible preferred stock - Series B     1,181,818       1,181,818  
Compensation-based stock options and warrants     19,220,714       17,705,000