This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
See Cramer's multi-million dollar portfolio for FREE and get his new book Get Rich Carefully! Learn More

Chesapeake Energy Takes Its Head Out of the Sand

NEW YORK (TheStreet) -- Chesapeake Energy's (CHK) board of directors has finally taken its head out of the sand.

The basis for the board's decision to not renew CEO Aubrey McClendon's controversial ownership interest in company wells (once its first ten-year term ends in 2015) and set to work now on negotiating an early termination can best be described this way. It's one part the directors trying to cover their butts, one part Chesapeake acknowledging (at least for a day) just how tone deaf it has been when it comes to criticism, and one part hope that the continued descent in its shares can be reversed and shareholder confidence restored.

It's not a coincidence that the company released the announcement on the same day that press reports indicated the Securities and Exchange Commission has launched an informal investigation into Chesapeake's Founder Well Participation Program. It was also no coincidence that Chesapeake stressed in its press release today that the board had not reviewed McClendon's personal loans, a statement that the board seemingly included to counter what the company's general counsel said in a press release last week.

The release also raised as many questions as it sought to answer on the board's behalf. The language was tortured, in the opinion of Argus Research analyst Phil Weiss, a long time critic of Chesapeake's management. Chesapeake wrote in the release, "The statement that 'the Board of Directors is fully aware of the existence of Mr. McClendon's financing transactions' was intended to convey the fact that the Board of Directors is generally aware that Mr. McClendon used interests acquired through his participation in the FWPP as security in personal financing transactions."

"Fully and generally are not the same things. I don't think this is the end of the issue," Weiss said.

A Chesapeake shareholder could still ask today, after the board finally got the message, "Why did the board approve this well participation plan in the first place?"

Same board, same CEO, and the same problems for Chesapeake -- problems more fundamental than the controversial compensation program for the CEO -- still exist.

The company is still levered to the hilt - two times the size of Exxon Mobil's debt at a size 27 times smaller than Exxon. Natural gas prices are still at a decade low, and Chesapeake removed all of its hedges headed into 2013, leaving its cash flow exposed to the depressed spot market.

Chesapeake's balance sheet and ability to fund its far flung asset development is still in question. Its ability to monetize assets as a way to stay ahead of its funding gap and pay down debt is as complicated as the volumetric production payments and preferred share offerings in which it has tied up much of its assets.

Chesapeake has legitimate catalysts for its shares, from a deal to sell its Permian basin assets and joint venture its Mississippian Lime shale, to an eventual IPO of its oil services business, but recently, McClendon has not been able to work his usual headline-rally magic by talking up the company's ability to monetize assets. It was a fitting irony that on the same day last week that McClendon said at a conference a deal for the Permian assets should be completed in the third quarter, Reuters published its investigative piece on the links between the well investment program and the CEO's personal loans.

In addition, it's hoping to IPO the oil services company at a time when oil services is going through a pricing and margin downturn. And did we mention it's still the same CEO and same board running the shop?

Stock quotes in this article: CHK 

Select the service that is right for you!

COMPARE ALL SERVICES
Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
DOW 16,408.54 -16.31 -0.10%
S&P 500 1,864.85 +2.54 0.14%
NASDAQ 4,095.5160 +9.2910 0.23%

Brokerage Partners

Rates from Bankrate.com

  • Mortgage
  • Credit Cards
  • Auto
Advertising Partners

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs