CHAPTER 7 Glossary of Key Bankruptcy, Oil and Gas Terms

JurisdictionUnited States

CHAPTER 7 Glossary of Key Bankruptcy, Oil and Gas Terms399

Administrative Claims

Fees of court-authorized pro-

fessionals, trustee's com-

missions and claims of trade

creditors and others for credit

extended after bankruptcy fil-

ing. Administrative Claims

generally must be paid before

any pre-petition unsecured

creditors.

AMI (Area of Mutual

Interest)

An agreement between or

among parties by which the

parties attempt to describe

a geographical area within

which they agree to share

certain additional leases or

other interests acquired by any

of them in the future.

Automatic Stay

When a chapter 11 petition is

filed, creditors are automati-

cally prohibited from attempt-

ing to collect their pre-petition

claims from the debtor or pro-

ceeding against property of the

debtor without first obtaining

permission from the bankrupt-

cy court to do so.

APO

After payout of drilling

expenses.

Barrel

A unit of volume measurement

used for petroleum and its

products (7.3 barrels = 1 ton;

6.29 barrels = 1 cubic meter).

Bbl

One barrel of oil; 1 barrel = 35

Imperial gallons (approx.), or

159 liters (approx.); 7.5 barrels

= 1 ton (approx.); 6.29 barrels

= 1 cubic meter.

Bcf

Billion cubic feet; 1 bcf = 0.83

million tons of oil equivalent.

Bcfe

Billion cubic feet equivalent.

Block

An acreage subdivision mea-

suring approximately 10 x 20

kms, forming part of a quad-

rant (e.g., Block 9/13 is the

13th block in Quadrant 9).

Boepd

Barrels of oil equivalent per

day.

Bopd

Barrels of oil per day.

BPO

Before payout of drilling

expenses.

Brent Price

A major index price used to

price the majority of world-

wide oil purchases. Brent crude

is a blend of the U.K.'s two

North Sea oils: Shell Oil Co.'s

Brent-field crude and British

Petroleum Co.'s Ninian-field

crude. The term "Brent" is an

acronym for the differing lay-

ers of an oil field: Broom, Ran-

noch, Etieve, Ness and Tarbat.

In terms of crude oil indexes,

investors follow one of two in-

dexes: Brent oil or West Texas

Intermediate (WTI) oil.

Cash Collateral

Cash and cash equivalents that

serve as collateral for a secured

creditor's claim. Included in

this category is cash, bank de-

posits, proceeds from the sale

of assets, accounts receivable

collections and rents.

Class of Creditors

Creditors are normally divided

into classes in a plan of reorga-

nization. The claims of general

unsecured creditors are usually

grouped together as one class,

although there are on occasion

sufficient distinctions among

the general unsecured credi-

tors so as to justify dividing

them into two or more classes.

Condensate

Hydrocarbons that are in the

gaseous state under reservoir

conditions and that become

liquid when temperature or

pressure is reduced; a mix-

ture of pentanes and higher

hydrocarbons.

Confirmation

The approval by the bank-

ruptcy court of a plan of

reorganization.

Cramdown

Confirmation of a plan of re-

organization over the objec-

tion of a class of creditors or

equity-holders. A cramdown

can occur only if at least

one class of creditors whose

claims are adversely affected

by the plan of reorganization

vote to accept it. The bank-

ruptcy court will cram down

a plan of reorganization on a

dissenting class only if it finds

that the plan of reorganization

does not discriminate unfairly

against that class and it is fair

and equitable as to that class.

Creditors' Committee

A representative group of un-

secured creditors appointed by

the Office of the U.S. Trustee

which is the unsecured credi-

tors' bargaining and negotiat-

ing arm in a chapter 11 bank-

ruptcy case.

Debtor

The entity undergoing reorga-

nization, also called the "Debt-

or-in-Possession" or "DIP" in

most cases.

Delay Rental

A payment to a mineral-rights

owner by a lessee during the

primary term of an oil and gas

lease for the privilege of delay-

ing commercial development.

Development Well

A well drilled to a known pro-

ducing formation in a previ-

ously discovered field. The

legal duty to drill development

wells is sometimes expressly

set out in the lease, but more

often depends on the im-

plied covenant of reasonable

development.

Discharge

The release of claims against

the debtor, which occurs upon

confirmation of a plan of

reorganization.

Disclosure Statement

When creditors vote on a plan

of reorganization, they will

receive the plan of reorgani-

zation, a ballot and a disclo-

sure statement. The disclosure

statement is a fairly substan-

tial document intended to give

creditors sufficient informa-

tion about the debtor and the

plan of reorganization to per-

mit them to make an informed

judgment as to whether to vote

for or against the plan of reor-

ganization. The debtor cannot

send the disclosure statement

to creditors until it has been

approved by the court after

notice and a hearing.

Division Order

Instrument signed by owners

of production by which they

approve their proportional in-

terest in a well or oil and gas

lease.

Enhanced Oil Recovery

A process whereby oil is

recovered by means other

than the natural pressure in a

reservoir.

Executive Right

The right to execute an oil and

gas lease.

Executory Contracts

Contracts with obligations by

both parties remaining under

the contract, of...

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