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The Eastland Court of Appeals addressed, for the first time, the interpretation of a double-fraction royalty reservation in light of Van Dyke. The case ( Boren Descendants v. centered on whether a 1933 deed reserved a floating 1/4 royaltyinterest or a fixed 1/32 interest. Fasken Oil & Ranch, Ltd. ,
From this line of cases, the Court concluded that “we consider Texas law reasonably clear that underground storage space generally belongs to the surface owner absent a contrary agreement.” United States, 412 F.2d 2d 1319, 1323 (Ct. First, USM did not own the salt formations—only the salt itself.
Recently, when there was talk about Houston-based ATP Oil and Gas’ (ATP) legal problems, it was inevitably about its bankruptcy and its effort to bring the overriding royaltyinterests it had conveyed back into the bankrupt estate as debt instruments. See United States v. ATP Oil & Gas Corp. , 955 F.Supp.2d 2d 616 (E.D.
the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana Mineral Code stemming from its mineral lessees/mortgagors’ actions. [1] in unpaid royalties and an additional double damages penalty of $484,058.52 4] $242,029.26
Preferred equity in these cases usually includes the right to vote for directors of a corporation or managers of an LLC. In many cases, the investors in preferred equity will require representation on the board of directors for an SMB organized as a corporation or the board of managers for an SMB organized as an LLC.
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