form8-ka.htm
UNITED
STATES
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C.
20549
FORM 8-K/A
CURRENT
REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): January
23, 2009
BERRY PETROLEUM
COMPANY
(Exact
Name of Registrant as Specified in its Charter)
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DELAWARE
(State
or Other Jurisdiction of
Incorporation
or Organization)
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1-9735
(Commission
File Number)
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77-0079387
(IRS
Employer
Identification
Number)
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1999
BROADWAY, DENVER, CO
(Address
of Principal Executive Offices)
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80220
(Zip
Code)
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Registrant’s
telephone number, including area code: (303)
999-4400
Check
the appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
o Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
EXPLANATORY
NOTE: This report on Form 8-K/A amends Berry Petroleum Company’s Form 8-K filed
on December 29, 2008 and Form 8-K/A filed on January 12, 2009 to supplement the
disclosure in Item 8.01.
Item
8.01 Other Events
The
Company has marketed its California crude oil production to various parties on a
short-term basis for February and expects to continue to do so in the future
while BWOC is unable to receive such production. The pricing for the
Company’s California crude oil production continues to range from just above the
posted price for San Joaquin heavy oil to the posted price less a
discount. The Company’s California crude oil daily production is, on
average, at levels achieved prior to BWOC’s filing for bankruptcy protection
under Chapter 11 of the United States Bankruptcy Code. The Company
has not terminated its contract with BWOC.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereto
duly authorized.
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BERRY
PETROLEUM COMPANY
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By:
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/s/ Kenneth A.
Olson
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Kenneth
A. Olson
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Corporate
Secretary
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Date:
January 23, 2009