Held by production acres & relationship to new lease of adjoining acres

My brother and I have Mineral Rights in NE Sheridan County. There is permits to drill all around us so all signs point to there being a Bakken Well on our leased acres in the future. There are two leases; one is 3 years into a 5 year lease and the other is one held by production (HBP) by Continental. We receive a small royalty on an existing vertical well adjoining our mineral right acerage and part of the HBP acerage is pooled by that well. We had thought there was a Pugh Clause in the lease conected to the HBP acres but when leasing the rest of our acerage the landman found another lease that predated that one and there is no Pugh clause in that one. An attorney has indicated the preexisting lease is taking president so all the acerage in that lease is HBP not just the acres actually pooled and used to determine our royalty formula. I am wondering if a horizontal Bakken well is drilled on our new lease (not Continental) can the HBP acres not actually pooled by the producing well be pooled in the new horizantal bakken well?