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Jim,
I was told by a coexprise rep that Hilcorp could only renew their option for the second term (after 1st five years) on the strata that they have explored (drilled). The rep I spoke with said that they have all strata available during the primary term, but that after five years any strata not drilled would be released back to us. Is that not accurate then?
Once a strata is drilled, it is HBP'd and no extension is necessary, even if in the first five years. If they don't drill in the first five years, then they have the option to extend the primary term for five more years and must pay a second bonus payment. That is only if they haven't drilled and are not paying royalties. But they could also determine they do not want the lease and terminate it after five years. At that point, you are free to negotiate a new lease with any company interested.
Who were you talking to? I need to talk to him and clarify this for him.
Dale, I was under the same impression. Please let me know what you discover.
John,
I don't know how to send private messages through this site. If you give me your email address, I'll forward Jim's response to my email. He cleared it up for me, as it was more of a misunderstanding of terminaology on my part. What the coexprise rep told me was correct, I just did not understand the meaning of initial term. I'll send it to you for your clarification.
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