From Purchase Transactions To Expansion And Marketing In The Energy Industry
The attorneys in the corporate and transactional practice group at Beatty & Wozniak, P.C. call upon extensive outside corporate counsel experience, knowledge and creativity regarding all aspects of the energy industry to assist our clients in achieving complex business goals. We regularly represent private and public companies in the full spectrum of business matters including the following:
- Debt and equity financing and secured transactions
- Private placements
- Mergers, acquisitions and divestitures
- Joint ventures, partnerships, entity formation and corporate compliance
- Negotiation of complex exploration and production and midstream contracts
Our clients’ contracts include joint operating agreements, joint development agreements, crude oil and natural gas gathering agreements, natural gas processing agreements, power purchase agreements, interconnection agreements and infrastructure construction agreements.
Due Diligence And Secure Deals
Our corporate and transactional work ranges from transactions involving a single wellbore or lease to an entire portfolio of assets valued at over $500 million. Our transactional attorneys take great pride in developing long-term relationships with industry leaders. Clients consistently rely on us as trusted day-to-day legal advisers by C-Suite management teams in the energy industry. Our transactional attorneys can provide effective and efficient solutions at any phase of operations, such as when clients are:
- Starting a new enterprise
- Raising capital for growth
- Adding to asset portfolios
- Divesting of noncore assets
- Struggling with operational challenges
More details regarding our substantial experience in the E&P and midstream industry sectors is described below.
Exploration And Production Transactions
Our transactional and corporate practice group has years of experience, as in-house counsel and as outside counsel, in negotiating and drafting both standard and complex exploration and production documents, and everything in between.
We are aware that all transactions are unique. We have sat on both sides of the negotiating table, representing sellers as well as buyers, operators as well as nonoperators and surface owners as well as mineral rights owners. This gives us a unique perspective of all of the issues that need to be addressed within each individual deal.
Our comprehensive understanding allows us to achieve outcomes for our clients that enable them to move forward with the business of energy development. We provide legal advice on all exploration and production matters, including the following:
- Purchase and sale agreements, financing and closing documents
- Joint operating agreements, federal unit agreements and unit operating agreements
- Participation agreements, development agreements, farm-in and farm-out contracts
- Surface use agreements, master service agreements and drilling agreements
- Gathering and processing agreements, storage agreements, crude oil and natural gas wellhead purchase and sale agreements
- Midstream and marketing
Supporting Operations, Marketing And Trading
The attorneys at Beatty & Wozniak, P.C. advise pipeline companies and operators of transportation, gathering, processing and storage facilities on all aspects of operations. Our expertise also includes gas marketing and trading.
Our attorneys regularly negotiate transactions and advise on issues such as the following:
- Preparation of natural gas purchases
- Processing, gathering and transportation agreements
- Federal, state and local permitting and regulatory compliance
We prepare and negotiate easements and rights-of-way and other surface access agreements.
In addition, our representation includes both physical and financial trading activity for natural gas and related products and electricity procurement. We have extensive experience drafting, negotiating and assisting with the following:
- NAESB base contracts for sale and purchase of natural gas
- ISDA master agreements and credit support annex; related Dodd-Frank compliance
- Documentation of swap agreements and other derivative agreements for interest rate, commodity and weather-related hedges
- Documentation of long-term electricity procurement
- Documentation of natural gas liquids sales and purchases and related transportation agreements
How We Facilitate Projects
Our attorneys assist clients with risk management, including risk mitigation, indemnity, insurance and exposure to commodity prices and interest rate fluctuation. We also have expertise in acquisitions and divestitures of midstream assets, including crude oil and natural gas gathering systems and gas treatment and processing facilities.
Our attorneys represent publicly traded companies in all aspects of the public reporting process, including:
- Crafting disclosure documentation for public and private capital raising activities
- Drafting annual, quarterly, current and other disclosure documents required by the Securities Exchange Act of 1934
- Advising clients on the Sarbanes-Oxley, Dodd-Frank and the Jobs Act
- Interfacing with exchange authorities (NYSE, NASDAQ, etc.) to ensure company compliance with listing requirements
An Example And An Invitation
As an example of the scope of our representation, our lawyers recently represented a privately held midstream oil and gas company in the acquisition and expansion of an existing natural gas treatment and processing plant that applies advanced technology to treat sour natural gas for removal of carbon dioxide, nitrogen and hydrogen sulfide, which are then reinjected into the original producing formation.
Our attorneys provided legal counsel for most aspects of the project described above, including the following:
- Assistance with negotiating the engineering and construction agreement for the expansion of the plant
- Purchase of the plant site location
- Securing rights-of-way for the related gathering lines
- Negotiation of wholesale natural gas purchase and sales agreements
- Debt and equity financing for the project
With respect to the financing component of this project, attorneys from Beatty & Wozniak, P.C. advised the company on these essential steps:
- Special-purpose entity formation
- The secured credit facility and associated security documents
- The equity investment documentation