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Midstream operators have had to grapple with whether they could satisfy "touch and concern" requirements, which involve demonstrating that their covenants impact how the land is used or valued, and whether covenants running with the land have been formally conveyed, or transferred.
If done correctly, Melko noted, covenants running with the land are also legally recorded to back up ownership claims. Nordheim and HPIP argued the contracts could not be rejected because they involved property rights that, under Texas state law, run with the land. But a judge for the U. As Nordheim pursued appeals through the courts, it argued that it did not have to show "horizontal privity," which requires that the original parties to the covenant have a mutual interest in the land at the time the covenant was executed.
The U. Court of Appeals for the 2nd Circuit upheld the decision. The federal court of appeals in ruled in favor of Sabine because "there is no benefit to real property of Nordheim. It is Nordheim as an entity — not its real property — that is benefited by the agreement. Badlands sold assets to Wapiti Utah LLC that had gas gathering and processing agreement with Monarch Midstream LLC — but because Badlands rejected the Monarch contract in the course of the bankruptcy, the agreement did not initially transfer to Wapiti.
Monarch challenged, and even though Utah state law's touch and concern statute does not require formal real property conveyance, the U. Bankruptcy Court for the District of Colorado in September still concluded that the contracts were covenants running with the land. Wapiti had to honor the covenants.
Precedent amid pandemic pains. Turning to the present day, Whiting Petroleum Corp. Whiting is getting out in front of any potential contract disputes by reassuring its midstream providers that operations will proceed as usual.
But if an upstream customer filing for bankruptcy now contests a gathering or processing contract's real property interest, pipeline industry veterans such as Williams Cos. He said in December — when a surge of potential producer defaults was already on the horizon — that he has never seen one of Williams' gathering contracts get rejected by a customer going through bankruptcy. The content is provided for information purposes only.
New video codec halves streaming time 4 minutes ago. Jul 07, Related Stories. May 26, May 27, Apr 20, Sep 27, Recommended for you. Apr 24, Apr 03, Jan 07, Jan 06, User comments. What do you think about this particular story? Your message to the editors. Preassembled doors are shipped via a freight carrier and the door itself is completely assembled and will not disassemble.
The hardware handers, handles and pulls are not installed and the doors are not pre-drilled which allows every installation the ability to make any unique changes needed. You, the customer, will need to make arrangements to pick up the shipment at the local shipping hub. This shipment will not arrive at your location.
It will require you to pick it up. Please contact us for details. The front handle must be larger than 14 in to include a back handle. Add To Cart. X-Ray Mode. With an exposed wheel and signature rounded top edge, this sleek hanger adds designer style to your barn door. The modern barn door hardware hanger mounts to the face of the door.
This ultra modern barn door hardware kit has a weight capacity of lbs per pair of hangers. Pair this hardware with more modern door designs like our Modern Slab , Pearce , and 5 Panel barn door styles.
Shop a similar streamlined look in our Ultra Modern Top Mounted hardware kit. For the most up- to- date lead times and shipping info on this product click here. Lead Times.