Steps Producers and Midstream Companies Can Take to Prepare for Counterparty Bankruptcies Following the Pandemic

Expired

Program Number

30126

Program Date

2020-05-05

CLE Credits

Many U.S. producers, midstream companies and oil field service companies will not survive the current unprecedented downturn. Every upstream and midstream player, and their counsel, must prepare now for the likelihood that one or more counterparties will seek bankruptcy protection. This includes analyzing key terms of midstream agreements to determine whether the contracts are subject to rejection in bankruptcy; identifying whether any material agreements create beneficial consensual liens, evaluating the legal considerations before pursuing such liens, and following the proper steps to perfect the liens; assessing the legal implications of seeking a judgment lien and how to perfect it; and determining whether you may seek a mineral lien, as well as ensuring you comply with strict notice and process for perfecting such a mineral lien.