Our Expertise
The attorneys in Beatty & Wozniak’s Corporate and Transactional practice group call upon extensive 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:
  • 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, such as 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; and
  • Due diligence.
Our corporate and transactional work ranges from transactions involving a single wellbore or lease, to an entire portfolio of assets valued at over $500M.  Our transactional attorneys take great pride in developing long-term relationships with industry leaders, and being consistently relied upon as trusted day-to-day legal advisors by C-Suite management teams in the energy industry.  Whether you are starting a new enterprise, raising capital for growth, adding to your asset portfolio, divesting of non-core assets or struggling with operational challenges, our transactional attorneys can provide effective and efficient solutions. 
More detail 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 E & P documents, and everything in between.  We are aware that all transactions are different, and we have sat on both sides of the negotiating table, representing sellers as well as buyers, operators as well as non-operators, 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, and 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, Farmin and Farmout Contracts;
  • Surface Use Agreements, Master Service Agreements and Drilling Agreements; and
  • Gathering and Processing Agreements, Storage Agreements, Crude Oil and Natural Gas Wellhead Purchase and Sale Agreements.

Midstream and Marketing
Beatty & Wozniak’s midstream and marketing attorneys 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 and prepare natural gas purchase, processing, gathering, and transportation agreements, and assist with federal, state and local permitting and regulatory matters. 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 and negotiating:

  • 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; and
  • Documentation of natural gas liquids sales and purchases and related transportation agreements.
 
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 also 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; and
  • Interfacing with exchange authorities (NYSE, NASDAQ, etc.) to ensure company compliance with listing requirements.
As an example of the scope of our representation, Beatty & Wozniak 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 utilizes 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, including 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, and debt and equity financing for the project. With respect to the financing component of this project, Beatty & Wozniak advised the company on special-purpose entity formation, the secured credit facility and associated security documents, and the equity investment documentation.