This client category includes Buyers of royalty and mineral interests (producing and nonproducing), leasehold interests (working interests and overriding royalty interests), or surface interests, which are affected by oil, gas, and mineral exploration, development, and production activities (referred to in this discussion as “Oil and Gas Properties” or “Properties”). The category includes all forms of business entities or any other entity, as well as lenders providing financing for acquisitions, together with their agents, attorneys, and representatives. Whether engaged in a first purchase, or regularly engaged in the purchase of Properties, a Buyer may find it beneficial to obtain assistance in negotiating and consummating a transaction involving the purchase of one or more Properties. The range of services available through MMC are intended to accommodate any prospective Buyer in successfully completing a transaction, regardless of its size or complexity.
Many Buyers maintain departments with staff who are responsible for the activities involved in the acquisition of Properties. Likewise, those Buyers may be represented by accountants and attorneys who provide services to facilitate the purchase transaction. For those Buyers, the services available through MMC are not intended to replace the services rendered by the Buyer’s staff or attorneys, but rather to complement those services and meet particular needs which may arise in connection with the purchase in question.
The services available from MMC to Buyers, and their agents, representatives, and attorneys include:
- Securing engineering, geological, and geophysical evaluations of Properties to determine their value.
- Assistance in the negotiation and preparation of Purchase and Sale Agreements. This includes verification that the execution documents contain terms consistent with the Buyer’s objectives in the areas of warranty of title, assumption of liabilities, environmental clean-up obligations, purchase price adjustments, take over of operations, and the accuracy and scope of all closing documents and related exhibits.
- Due diligence investigations to determine or verify a seller’s title, the existence of contracts and agreements affecting or relating to the Properties to be sold, revenue and expense accounting audits, and the environmental liabilities existing on the Properties, to be remediated pre or post closing. The due diligence process involving title to the Properties can include the preparation of title opinions which may be relied on by the Buyer and the Buyer’s lender.
- MMC’s services include assisting the Buyer in the transition of, change over, or take over of physical operations, accounting, and record maintenance responsibilities, and all assumed reporting obligations in connection with an acquisition transaction. This transition may include the proper filing and recording of all assignments, bills of sale, and other closing documents required to recognize the Buyer as the new owner and operator of the purchased Properties.
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