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In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royaltyinterest when they executed oil and gas leases. Texas courts refer to this phenomenon as the “estate-misconception” theory. Dawkins , 483 S.W.3d Element Petroleum Props., 11-21-00103-CV (Tex. Eastland June 1, 2021).
Navigator Group that courts interpreting “antiquated instruments” that use 1/8 within a double fraction must begin with the rebuttable presumption that 1/8 refers to the entire mineral estate, Texas courts have wrestled with its implications. Following the Texas Supreme Court’s ruling in Van Dyke v. ” Id.
existing net DUCs and permits with an average lateral length of ~9,500 feet PRO FORMA HIGHLIGHTS Approximately 85,700 net royalty acres in the Permian Basin; ~43% operated by Diamondback Pro forma Viper owns an average 1.8% About Sitio Royalties Corp. billion which equates to less than 1.0x mboe/d) Approximately 16.1
The Case In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royaltyinterest (NPRI) into a floating NPRI. In short, the court held that mere ratification of a lease does not alter a fixed NPRI.
20] Nonetheless, the Second Circuit’s finding that the holder of a security interest in a mineral lease may be solidarily liable with mineral lessees/mortgagors for damages under the Louisiana Mineral Code is certainly concerning given the fact that many operators finance their operations through the usage of security and credit devices.
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.
This article briefly describes four structured capital raising techniques that may be available to meet those needs: (1) convertible debt instruments; (2) convertible or non-convertible preferred equity instruments; (3) preferred limited partnership interests; and (4) debt instruments issued with “equity kickers”.
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