Hawaii Assignment of Overriding Royalty Interest for Multiple Leases — Interest Assigned Is Difference Between Specified Percentage and Existing Leasehold Burdens In the realm of oil and gas leases, an Assignment of Overriding Royalty Interest serves as a mechanism for transferring royalty interests from one party to another. This document is particularly crucial in the state of Hawaii, where various leases exist and the interest assigned differs from the specified percentage and the existing leasehold burdens. There are several types of Hawaii Assignment of Overriding Royalty Interest for Multiple Leases, designed to accommodate different scenarios and considerations: 1. Specific Percentage Assignment: In this type, a fixed percentage of the overriding royalty interest is assigned. For example, a leaseholder may choose to assign a 50% royalty interest to another party while still retaining the remaining 50%. 2. Variable Percentage Assignment: This variant allows for a flexible assignment of overriding royalty interest, where the assigned percentage can vary based on specific conditions. For instance, the percentage may change depending on production levels or financial factors. 3. Assignment with Existing Leasehold Burdens: In cases where the existing leasehold burdens, such as taxes, royalties, or other obligations, affect the value of the overriding royalty interest, this type of assignment is employed. The interest assigned takes into account the difference between the specified percentage and the existing burdens. When drafting a Hawaii Assignment of Overriding Royalty Interest for Multiple Leases, it is essential to include key elements to ensure clarity and accuracy: a. Parties Involved: Clearly identify the assignor (the party assigning the interest) and the assignee (the party receiving the interest). Include their full legal names and addresses. b. Description of Leases: Provide a detailed description of the leases involved in the assignment. This includes lease numbers, effective dates, and any relevant information pertaining to the properties covered by each lease. c. Specified Percentage: State the exact percentage of the overriding royalty interest assigned. If it is a variable percentage assignment, specify the conditions that determine its variance. d. Existing Leasehold Burdens: Outline any existing leasehold burdens that may impact the assigned interest. These may include taxes, royalties, or other obligations that affect the value of the assigned interest. e. Consideration: Clearly state the consideration given in exchange for the assignment. This can be monetary compensation, future performance, or other agreed-upon arrangements. f. Governing Law: Specify that the assignment is governed by the laws of the state of Hawaii and any disputes will be subject to the appropriate jurisdiction. By carefully structuring a Hawaii Assignment of Overriding Royalty Interest for Multiple Leases, stakeholders can ensure a smooth and legally binding transfer of royalty interests, accounting for the specified percentage and the existing leasehold burdens. It is advisable to consult legal professionals well-versed in oil and gas leases in Hawaii to ensure compliance with local regulations and to address any unique considerations.