Covenant Running with the Land Limbo - Does Your Dedication Run with the Land, Now?
Original Program Date :
Length: 60 Minutes
A discussion on recent bankruptcy cases dealing with covenants running with the land in midstream agreements, common mistakes in drafting dedications, and practical tips on drafting a strong and enforceable dedication that runs with the land to improve the likelihood that your dedication will survive rejection in bankruptcy.
Ellen Conley is an associate in the Energy, Power and Natural Resources Practice Group in the Houston office of Haynes and Boone. She handles energy finance matters, as well as the acquisition and disposition of oil and gas properties. She represents lenders and borrowers in secured reserved-base credit facilities, and has experience with a variety of transactions, including ISDA master agreements and schedules and oil and gas purchase and sale agreements.
Josh Judd is a shareholder at Andrews Myers in Houston. His areas of expertise include bankruptcy and reorganization, commercial law, including contract disputes, securities fraud, debt collection, creditors’ rights and partnership and corporate governance disputes. A first chair trial attorney, Josh represents clients such as multi-family developers, retail shopping centers, manufacturing companies, upstream and midstream oil and gas firms, contractors, lenders and healthcare providers in both bankruptcy and state courts.
Terry L. Radney is a partner at Locke Lord LLP in the Houston office. As Co-Chair of the firm’s Energy Practice Group, he leads the commercial agreements team and has represented both public and private equity backed midstream companies in drafting and negotiating midstream agreements for over twenty years.