- 40 - the minimum volume Buyer [i.e., Arkla] was obligated to receive during the year." The Settlement Agreement provides that Arkla's payment of $1,850,000 "shall constitute a prepayment in advance for natural gas to be delivered by Seller to Buyer on and after May 1, 1988 from all wells subject to the Contract". In order to effectuate Arkla's receipt of a volume of natural gas in an amount equal to the prepayment, the Settlement Agreement further provides that 50 percent of the volume of natural gas delivered to Arkla under the Contract during the period May 1, 1988, through the remaining term of the Contract or until the prepayment is fully recouped, shall be considered recoupment gas and shall be received without further payment. The value of the gas delivered to Arkla under the Contract is to be based upon "the price per MMBtu in effect under the terms of the Contract, as amended this date, at the time such natural gas is requested for delivery under the Contract." While the Settlement Agreement does not disturb Arkla's obligation of purchasing gas from Malibu, or Malibu's obligation of selling gas to Arkla, the binding nature of those obligations is alleviated somewhat under the Settlement Agreement. As to Arkla's take or pay obligation, the Settlement Agreement provides that Malibu:Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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