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6 5 - RR DONNELLEY FINANCIAL - External Home Login

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Our operations may be adversely affected by oilfield services shortages, pipeline and gathering<br />

system capacity constraints and various transportation interruptions.<br />

From time to time, we experience delays in drilling and completing our natural gas and oil wells. Because<br />

of the large scale of our operations, there may not be available drilling rigs of the type we require in certain<br />

areas of our operations. Additionally, there is currently a shortage of hydraulic fracturing capacity, especially in<br />

the unconventional U.S. natural gas and oil plays where hydraulic fracturing is necessary for the successful<br />

development of wells. In developing plays, the demand for equipment such as pipe and compressors can<br />

exceed the supply, and it is challenging to attract and retain qualified oilfield workers. Delays in developing our<br />

natural gas and oil assets for these and other reasons could negatively affect our revenues and cash flow.<br />

In certain natural gas shale plays, the capacity of gathering systems and transportation pipelines is<br />

insufficient to accommodate potential production from existing and new wells. Capital constraints could limit the<br />

construction of new pipelines and gathering systems by third parties, and we may experience delays in building<br />

intrastate gathering systems necessary to transport our natural gas to interstate pipelines. Until this new<br />

capacity is available, we may experience delays in producing and selling our natural gas. In such event, we<br />

might have to shut in our wells awaiting a pipeline connection or capacity and/or sell natural gas production at<br />

significantly lower prices than those quoted on NYMEX or than we currently project, which would adversely<br />

affect our results of operations.<br />

A portion of our natural gas and oil production in any region may be interrupted, or shut in, from time to<br />

time for numerous reasons, including as a result of weather conditions, accidents, loss of pipeline or gathering<br />

system access, field labor issues or strikes, or we might voluntarily curtail production in response to market<br />

conditions. If a substantial amount of our production is interrupted at the same time, it could temporarily<br />

adversely affect our cash flow.<br />

ITEM 1B. Unresolved Staff Comments<br />

None.<br />

ITEM 2. Properties<br />

Information regarding our properties is included in Item 1 and in Note 10 of the notes to our consolidated<br />

financial statements included in Item 8 of this report.<br />

ITEM 3. Legal Proceedings<br />

Litigation<br />

On February 25, 2009, a putative class action was filed in the U.S. District Court for the Southern District<br />

of New York against the company and certain of its officers and directors along with certain underwriters of the<br />

company’s July 2008 common stock offering. Following the appointment of a lead plaintiff and counsel, the<br />

plaintiff filed an amended complaint on September 11, 2009 alleging that the registration statement for the<br />

offering contained material misstatements and omissions and seeking damages under Sections 11, 12 and 15<br />

of the Securities Act of 1933 of an unspecified amount and rescission. The action was transferred to the U.S.<br />

District Court for the Western District of Oklahoma on October 13, 2009. The defendants’ motion to dismiss<br />

was denied on September 2, 2010. A derivative action was also filed in the District Court of Oklahoma County,<br />

Oklahoma on March 10, 2009 against the company’s directors and certain of its officers alleging breaches of<br />

fiduciary duties relating to the disclosure matters alleged in the securities case. The derivative action is stayed<br />

pursuant to stipulation.<br />

On March 26, 2009, a shareholder filed a petition in the District Court of Oklahoma County, Oklahoma<br />

seeking to compel inspection of company books and records relating to compensation of the company’s CEO.<br />

On August 20, 2009, the court denied the inspection demand, dismissed the petition and entered judgment in<br />

favor of Chesapeake. The shareholder is appealing the court’s ruling in the Oklahoma Court of Civil Appeals.<br />

Three derivative actions were filed in the District Court of Oklahoma County, Oklahoma on April 28, May 7,<br />

and May 20, 2009 against the company’s directors alleging breaches of fiduciary duties relating to<br />

compensation of the company’s CEO and alleged insider trading, among other things, and seeking unspecified<br />

damages, equitable relief and disgorgement. These three derivative actions were consolidated and a<br />

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