The Energy Law

MARCH 7, 2023

In the context of antiquated oil and gas conveyances including a double fraction that includes “one-eighth,” the Court affirmed this principle by holding that such language gives rise to a rebuttable presumption that “one-eighth” refers to the entire mineral estate. Texas courts refer to this phenomenon as the “estate-misconception” theory.

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Producer's Edge

DECEMBER 3, 2024

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.

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The Energy Law

JUNE 12, 2017

10] First, the mortgagee claimed that the trial court erred in its conclusion that the mortgagee was assigned a portion of the working interest in the Lease because the mortgage only granted the mortgagee a security interest in the Lease. [11] Tauren immediately assigned a portion of the overriding royalty interest to Wells Fargo.”

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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. ATP Oil & Gas Corp. , See United States v. 955 F.Supp.2d

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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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