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Assignment of Oil and Gas Leases with Reservation of Overriding Royalty Interest Before Payout, and A Back-In Working Interest After Payout

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Multi-State
Control #:
US-OG-279
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Word; 
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Description

This form is used by the Assignor to transfer, assign, and convey to Assignee all of Assignor's interest in a Lease reserving a before Payout overriding royalty interest.
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Assignment of oil and gas leases with reservation refers to the legal transfer of rights or interests in oil and gas leases from one party to another while retaining certain rights or interests in the leased area. This transaction allows the assignor to transfer part of their rights while holding onto specific aspects, such as royalty interests or future production rights.
  • Assignor: The party transferring the rights in the lease.
  • Assignee: The recipient of the rights or interests in the lease.
  • Reservation: Specific rights or interests retained by the assignor during the assignment process.
  • Lease Agreement: A contract outlining the terms and conditions of the exploration and extraction of oil or gas from the land.
  1. Review the Original Lease Terms: Understand the obligations and clauses in the original lease contracts.
  2. Determine the Rights to Assign: Decide which rights and interests are to be assigned and which are to be reserved.
  3. Negotiate with the Assignee: Discuss terms and conditions with the potential assignee.
  4. Prepare the Assignment Agreement: Draft and review the assignment agreement including all reservations.
  5. Execute the Agreement: Both parties sign the assignment document, officially transferring the rights with reservations.
  6. Record the Assignment: Officially register the agreement to ensure legal acknowledgment and compliance.
  • Fulfillment of Original Lease Terms: Risk of non-compliance with initial lease agreements after assignment.
  • Legal Disputes: Potential disputes over the interpretation of reserved rights and assigned interests.
  • Financial Implications: Impact on revenue distribution and financial obligations among the parties.
Assignment TypeDefinitionCommon UsagesRisks Involved
Complete AssignmentTransfer of all rights and interests.Typically used in sales of entire operations.Higher risk of losing all rights and controls.
Partial Assignment with ReservationOnly part of the rights are transferred while specific rights are reserved.Often utilized to maintain royalties or future production rights.Limited control over operations but retention of significant benefits.

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FAQ

Calculating net revenue interest formula To determine net revenue interest, multiply the royalty interest by the owner's shared interest. For example, if you have a 5/16 royalty, your net royalty interest would be 25% multiplied by 5/16, which equals 7.8125% calculated to four decimal places.

An overriding royalty interest generally entitles the owner of the interest to a specified share of the oil and gas produced under the terms of the lease. In Texas and in many other oil-producing states, overriding royalty interests are generally treated as interests in real estate.

Royalty Interest an ownership in production that bears no cost in production. Royalty interest owners receive their share of production revenue before the working interest owners. Working Interest an ownership in a well that bears 100% of the cost of production.

An overriding royalty interest (ORRI) is an undivided interest in a mineral lease giving the holder the right to a proportional share (receive revenue) of the sale of oil and gas produced. NRI = Working Interest Royalty Interests. 100 25 = 75 percent (NRI) $1,000,000 $250,000 = $750,000 (monthly NRI)

Overriding Royalty Interest (ORRI) a percentage share of production, or the value derived from production, which is free of all costs of drilling and producing, and is created by the lessee or working interest owner and paid by the lessee or working interest owner.

1. n. Oil and Gas Business A percentage share of production, or the value derived from production, which is free of all costs of drilling and producing, and is created by the lessee or working interest owner and paid by the lessee or working interest owner.

An overriding royalty interest is the right to receive revenue from the production of oil and gas from a well. The overriding royalty is carved out of the lessee's (operator's) working interest and entitles its owner to a fraction of production.

The value of an overriding royalty interest is simple to calculate since it is a percent of the working interest lease. The ORRI value is based on production on the acreage leased by the working interest.

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Assignment of Oil and Gas Leases with Reservation of Overriding Royalty Interest Before Payout, and A Back-In Working Interest After Payout