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Assignment of Overriding Royalty Interest Partially Convertible to A Working Interest At Payout

State:
Multi-State
Control #:
US-OG-281
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Assignment of Overriding Royalty Interest Partially Convertible to a Working Interest at Payout is a legal document used in the oil and gas industry. This form allows an Assignor to transfer an overriding royalty interest to an Assignee while providing the option for the Assignee to convert a portion of that interest into a working interest once certain financial thresholds, referred to as 'Payout,' are met. The document outlines the rights and obligations of both parties concerning the interests in mineral extraction from specified lands.

Key components of the form

This assignment document includes several critical components:

  • Assignor and Assignee details: Names and addresses of both parties.
  • Effective Date: The date the assignment takes effect.
  • Override Percentage: The specific royalty percentage transferred to the Assignee.
  • Conversion terms: Details on how and when the Assignee can convert the overriding royalty interest to a working interest.
  • Payout definition: Criteria for determining when Payout is achieved, enabling conversion rights.

Who should use this form

This form is primarily intended for individuals or entities involved in the oil and gas industry who are looking to assign their rights to royalties from mineral extraction. It can be beneficial for those wishing to provide their rights to another party while retaining some flexibility for future involvement. Parties considering this assignment include mineral rights owners, landowners, and oil companies.

How to complete a form

To complete the Assignment of Overriding Royalty Interest Partially Convertible to a Working Interest at Payout, follow these steps:

  1. Fill in the names and addresses of the Assignor and Assignee.
  2. Specify the effective date of the assignment.
  3. Provide the percentage of overriding royalty interest being assigned.
  4. Clearly define Payout conditions as per the agreement.
  5. Review the document for accuracy and completeness before signing.

It is advisable to consult with a licensed attorney during this process to ensure compliance with relevant laws and regulations.

Legal use and context

This assignment form is used extensively in the context of real property and mineral rights transfer. It holds legal significance in defining the relationship between Assignor and Assignee regarding oil and gas investments. Understanding the local laws related to mineral rights is crucial, as they can vary significantly by state and jurisdiction, affecting how this assignment is interpreted and executed.

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FAQ

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.

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.

The royalty mineral owner retains ownership of the interest after production stops. Holders of overriding royalty interests have no ownership rights to the minerals under the ground but a non-possessory undivided interest.

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.

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Assignment of Overriding Royalty Interest Partially Convertible to A Working Interest At Payout