Illinois Reservation of Additional Interests in Production

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Multi-State
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US-OG-819
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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Illinois Reservation of Additional Interests in Production, also known as the Illinois Reservation of Additional Working Interests in Production, is a legal provision that grants certain parties the right to acquire additional working interests in the production of oil and gas within the state of Illinois. This reservation allows the parties involved to maintain their ownership and control over the production process and ensure their economic interests are protected. The Illinois Reservation of Additional Interests in Production can take different forms depending on the specific arrangement between the parties involved. Some types of reservations within this framework include: 1. Overriding Royalty Interests (ORRIS): An overriding royalty interest allows a specified party, usually the lessor, to receive a certain percentage of the gross proceeds or revenue generated from the production, in addition to their regular royalty interest. The ORRIS is distinct from the working interest owner's portion and does not bear the costs of operation. 2. Carried Working Interests (CGI): In a carried working interest, one party carries the financial burden and responsibility for developing and operating the lease or well. The carried party typically does not have to contribute financially until the project reaches a certain level of production or profitability. This allows the carried party to maintain ownership interest and benefit from production without immediate financial obligations. 3. Backup Working Interests (BWI): Backup working interests are typically utilized when the primary working interest holder is unable to fulfill its obligations, either due to financial constraints or other reasons. The backup working interest holder steps in to assume the responsibilities and benefits of the primary working interest, ensuring that the production continues without interruptions. 4. Non-Participating Royalty Interests (NPR): Non-participating royalty interests entitle the holder to a specific percentage of production revenue but do not convey any rights or responsibility for operation or decision-making. NPR holders receive royalty payments based on their percentage interest, regardless of any changes in ownership or operation. It is important to note that the exact terms and conditions of the Illinois Reservation of Additional Interests in Production can vary in each transaction and are typically outlined in specific agreements, such as lease contracts, assignments, or other contractual arrangements. These reservations ensure that various parties involved in the production process can protect their interests and benefit from the economic value generated by the oil and gas operations in Illinois.

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Section 815 ILCS 205/1 prescribes the maximum rate of interest upon a loan or forbearance of money, goods, or things in action as $5 upon $100 for one year. Section 815 ILCS 205/4 prescribes a rate of interest of 9 percent per annum in all written contracts. Contracts providing for a higher rate of interest are void.

(3) 1% of the total loan amount if the prepayment is made within the third 12-month period following the date the loan was made, if the fixed rate period extends 3 years.

In- deed, in Illinois, there are only two ways to get prejudgment interest on a claim for money damages: by contract or pursuant to statute, either the Illinois Interest Act (Interest Act)15 or a differ- ent Illinois statute. Parties may contract for recovery of prejudg- ment interest in the event of a breach.

(a) Except as provided in subsection (b), judgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment until satisfied or 6% per annum when the judgment debtor is a unit of local government, as defined in Section 1 of Article VII of the Constitution, a school district, ...

(2) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason ...

(4) For purposes of this Section, a prepayment shall mean the payment of the total indebtedness, with the exception of late payment penalties if incurred or charged, on any date before the date specified in the contract or loan agreement on which the total indebtedness shall be paid in full, or before the date on which ...

Still, most states have so-called "usury" laws on the books, intended to prevent exorbitant rates. Illinois interest rate laws generally defer to contract law. One exception is a 9 percent limit on judgments, or 6 percent if the debtor is a local government, school district, or community college.

The Act provides for prejudgment interest to be awarded in all personal injury or wrongful death cases caused by negligence, willful and wanton conduct, intentional conduct, or strict liability.

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Illinois Reservation of Additional Interests in Production