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Drafting and Negotiating Petroleum Royalty Agreements

Drafting and Negotiating Petroleum Royalty Agreements

作者： Peter Roberts
出版商： Globe Law and Business
ISBN: 9781787427983
出版时间 September 2021
规格： Paperback , 120 pages
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: S$371.88

S$360.72 Save S$11.16 (3%)

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详细
Petroleum royalty agreements are well understood and widely used in several jurisdictions worldwide, and are increasingly being used in many new jurisdictions as a tool for petroleum project development, financing and divestment. However, they are not always drafted with the necessary rigour, and deficiencies are commonplace.

This Special Report provides an overview of the key issues relating to petroleum royalty agreements (with drafting examples), including:
- key forms of royalty agreement (including gross overriding royalties, net profit interests, cash and in-kind royalties);
- an explanation of the economic underpinning of royalty agreements;
- the content and effect of key royalty agreement provisions; and
- additional provisions which can be found in royalty agreements.
It will be an invaluable guide to legal, commercial and financial professionals engaged in petroleum project financing, development and divestment.
Part I. Introduction to royalty interests
1. The essential elements of a royalty interest
2. The characterisation of a royalty interest
3. How a royalty interest comes into existence
4. The concessionary interests
5. The produced petroleum
6. The subject interest
7. The royalty rate
8. The economic balance of the royalty interest
9. The form of execution of a royalty agreement
10. Mineral interest royalties
Part II. The economic underpinning of royalty interests
1. The royalty in kind
2. The cash royalty
3. The gross overriding royalty (GOR)
4. The net profit interest (NPI)
5. Upstream petroleum granting instrument royalties
Part III. Basic elements of a royalty agreement
1. Ambit
2. Audit and inspection
3. Boilerplate provisions
4. Duration
5. Information provision
6. Governing law and dispute resolution
7. Performance, breach and liability
8. Production covenants
9. Production indemnities
10. Relationship with the JOA
11. Statements and payment mechanics
12. Taxation allocation
13. Transfers
14. Warranties
Part IV. Additional provisions in a royalty agreement
1. Collateral support
2. Conversion rights
3. Expropriation protection
4. Fiduciary duties
5. Force majeure
6. Insurance
7. Management of competing interests
8. Pooling and unitisation
9. Redemption rights
10. Registration
11. Replacement upstream petroleum granting instruments
12. Suspension rights
Part V: Related arrangements
1. Royalty-repaid carry costs
2. Payout arrangements
3. Volumetric production payments
4. Illustrative agreement participation

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