The Energy Law

MARCH 7, 2023

In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royalty interest 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).

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The Energy Law

JUNE 12, 2017

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.

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The Energy Law

NOVEMBER 7, 2014

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 royalty interests it had conveyed back into the bankrupt estate as debt instruments.

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The Energy Law

APRIL 7, 2020

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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