Ratifying an OGL

I have an existing OGL that the primary term is set to expire in Sept of this year. The bonus and royalty on for this lease is $6k/acre @ 1/5

I now have an additional 5 NMA that has become open and the company that I’m leased to on the previous OGL wants to ratify that lease to now include this 5 NMA but the bonus is only at $1k/acre @ 1/5.

Are there any problems that could arise by having these two properties tied to one OGL but with different consideration for the bonus? What about if the option for the secondary term is exercised?

Also, are there any Attorneys in here that are for hire?

I would keep the two leases separate. They may end up in different spacing units. Now is a good time to try and get a better lease on the new 5 acres. Bonus amounts are much lower this year due to the difference in product prices from a few years ago. I am not fond of ratifying old leases.

Read your first lease. Are you getting paid for the option to renew? (The secondary term is something completely different. It is related to production). And I do not have options to renew in my leases. Too much can happen and they tie you up too long.

Yes, there are several attorneys listed in the Directory above.

Thanks @M_Barnes. Both properties are subject to a pooling order that was just issued this month. The original lease covers my previous property. The new 5 acres is currently not pooled and unleased.

Interesting that they are including the first one in the pooling if it is still leased. What state?

I’m sorry, you are correct. Both properties are in the same section. The first property is covered by the lease only. The 2nd property should’ve been pooled but was not.

If your second property had clear title and was open to be pooled at the first round of pooling, I would write them a certified return receipt letter and demand inclusion in the first pooling at the original terms. I have had success with that before if the error was on their part. Worth a try.

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