Understanding Manahan-Type Carried Interest in Oil and Gas Law

Definition & Meaning

Manahan-type carried interest refers to a specific transaction in the oil and gas industry, where the owner of a lease (the assignor) transfers all their working interest to another party (the assignee). In this arrangement, the assignor retains a reversionary interest in a portion of the working interest. This means that after the assignee has covered certain costs related to drilling and development, the assignor can reclaim their interest during the payout period.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: An oil company (the assignor) holds a lease for a drilling site but lacks the funds to develop it. They assign their working interest to another company (the assignee), which agrees to cover the drilling costs. Once the assignee recoups their investment, the assignor can reclaim a portion of the working interest.

Example 2: A small landowner (the assignor) assigns their working interest in a gas lease to a larger energy firm (the assignee) for development. After the assignee recovers their specified costs, the landowner can exercise their reversionary interest (hypothetical example).

State-by-state differences

State Regulation Variance
Texas Strong regulations on lease assignments and reversionary interests.
California Specific environmental regulations affecting assignments and development.
Oklahoma Allows for flexible arrangements in working interest assignments.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Carried Interest A share of profits from an investment that is given to a partner without requiring them to invest capital. Carried interest does not involve a reversionary interest like the Manahan-type.
Working Interest The right to explore and produce oil and gas from a property. Working interest is the basis of the Manahan-type transaction but does not include the assignment aspect.

What to do if this term applies to you

If you are considering a Manahan-type carried interest transaction, it is essential to understand the terms of the assignment and your rights as an assignor. You may want to consult a legal professional to ensure compliance with all applicable laws. Additionally, you can explore US Legal Forms for templates that can help you draft the necessary agreements.

Quick facts

  • Typical fees: Varies based on the size of the lease and costs covered.
  • Jurisdiction: Primarily in states with oil and gas production.
  • Possible penalties: Breach of contract may lead to legal disputes.

Key takeaways

Frequently asked questions

It allows the assignor to share financial burdens while retaining future rights to profits.