In the News

Haynes and Boone Assists US Infrastructure in Pipeline Buy

HOUSTON – Haynes and Boone, LLP has advised US Infrastructure Holdings, LLC in the acquisition of the Wildcat Sabine Gathering System situated in the Bossier-Haynesville Shale. >>

Anthony F. Newton Expands Haynes and Boone Energy Practice

HOUSTONAnthony F. Newton, an experienced corporate transactional attorney with a background in private middle-market energy-related transactions, has moved as a partner to Haynes and Boone, LLP as part of an expansion of the firm’s corporate and energy practices. >>

Haynes and Boone Attorneys Widely Recognized by Texas Super Lawyers

DALLAS – Ninety-three Haynes and Boone, LLP attorneys were recognized in 2011 by Texas Super Lawyers. >>

Best Lawyers in America 2012 Honors Firm, Haynes and Boone Lawyers

DALLAS – Ninety-four Haynes and Boone, LLP attorneys have been included in Best Lawyers in America's 2012 ranking of the nation’s top legal talent. >>



Recent Publications

Haynes and Boone Webinar: Private Capital Quarterly Energy - An Analysis of Fracking Developments

The Investment Funds and Energy groups of Haynes and Boone, LLP presented the Private Capital Quarterly Energy Webinar, "An Analysis of Fracking Developments." >>

New Requirements in Texas for Approval of Plugging Extensions

Effective September 1, 2010, the Texas Railroad Commission issued new regulations for oil and gas operators related to inactive onshore wells and associated equipment pursuant to House Bill 2259 which dramatically changed requirements for extension of plugging obligations for inactive wells. >>



Bernard F. Clark, Jr.

Partner

Houston


1221 McKinney Street
Suite 2100
Houston, Texas 77010
T +1 713.547.2077
F +1 713.236.5577

Areas of Practice

Education

  • J.D., University of Texas, 1982
  • B.A., University of Texas, 1978

Bar Admissions

  • Texas

Buddy Clark focuses his practice in energy finance, including representation of lenders, private capital providers and energy companies in secured and unsecured credit transactions and equity investments; transactional energy law, including oil and gas exploration, production and development, acquisitions, title and partnerships; independent power projects; and energy related litigation.

Selected Client Representations

  • Energy lenders in senior and mezzanine syndicated, club and sole bank facilities ($10 million to $1.4 billion) in connection with secured reserve based oil and gas production loans, including preparation and negotiation of credit facilities, mortgages and related loan documents.
  • Representation of capital providers and management teams for exploration and production companies.
  • General legal advice to oil and gas companies on various transactional matters including multi-state producing property acquisitions, reserved based and production payment financings, dispute resolution, and operating matters.
  • Acquisition of producing properties in Texas, Louisiana, Mississippi, Oklahoma, Alabama, Kansas, W. Virginia, and Gulf of Mexico.
  • Workouts and debt restructurings on behalf of energy lenders and borrowers in multi-state secured oil and gas production loans and bankruptcy related oil and gas producing property acquisitions.
  • Formerly special counsel to the Executive Director for U.S. Emergency Oil & Gas Loan Guaranty Board.

Professional Recognition

  • Recognized as one of the Best Lawyers in America in Project Finance Law (2008-2012) and Natural Resources Law (2006-2012) and Energy Law (2012).
  • Recognized as a Super Lawyer in Energy & Natural Resources by Law & Politics and Texas Monthly (2009-2011), Banking, Securities & Corporate Finance (2011) 

Selected Representative Experience


$450 Million Syndicated Credit Facility for GeoResources, Inc.
Represented lead arranger and administrative agent in connection with $450 million syndicated revolving credit facility for GeoResources, Inc., an independent oil and gas company engaged in the acquisition and development of oil and gas reserves. The credit facility is secured by interests in oil and gas properties located in Texas, Louisiana and in the Williston Basin.

$150 Million Development Loan - Marcellus Shale
Represented Wells Fargo Energy Capital, Inc. in a secured $150 million development financing involving shale oil and gas assets in Pennsylvania. Facility was secured by the oil and gas properties and the lenders additionally received a net profits interest from the production.

Acquisition of Offshore Oil and Gas Properties in Conjunction with Listing on the AIM
Represented Silvermere Energy PLC in the formation of a U.S. based subsidiary and in Silvermere's subsequent acquisition of offshore oil and gas assets in the costal waters of Texas. Additionally, served as U.S. counsel in conjunction with Silvermere's placement on the London Alternative Investment Market.

Guggenheim Partners - $50 Million Debt Purchase and Refinancing
Represented credit provider in connection with a $50 million distressed debt purchase and subsequent refinancing of a green energy oil recycling refinery in San Francisco, California.

Sale of Oil and Gas Properties
Represented Texas American Resources Holdings in the sale of its Denver-Julesburg Basin assets in Colorado and Wyoming for approximately $150 million.

$200 Million Second Lien Loan - Acquisition of Oil and Gas Properties
Represent second lien lender and agent in connection with $200 million second lien loan for acquisition of Barnett Shale Properties, including negotiation of intercreditor agreement between first lien lenders and hedge providers and second lien lenders.

TXCO Resources - Newfield Exploration Co.
Representation of Newfield Exploration Co. in purchase of assets in the Maverick Basin of Southwest Texas from TXCO Resources Inc., a San Antonio-based oil and natural gas exploration and development company. Newfield and the Anadarko Petroleum Company purchased substantially all the assets of TXCO for $310 million pursuant to an order of the United States Bankruptcy Court for the Western District of Texas.

$200 Million Field Development Line of Credit
Represented the credit provider in field development line of credit financings, aggregating over $200 million, involving net profits interest convertible into overriding royalty interest following repayment of principal.

Development Loan - Oil and Gas Exploration
Represented the sole lender in a secured development loan to a publicly held company, for the exploration of oil and gas in various offshore blocks in the Gulf of Mexico. The loan was secured by interests in oil and gas properties both offshore and onshore, the pledge of equity in various affiliates of the borrower, and multiple guaranties by affiliates of the borrower. (Discovery of the Year under Oil and Gas Investor's Top Deals for 2007)

$825 Million Equity Investment and Second Lien Financing - Gulf Coast Assets
Represented an investment bank and mezzanine debt holder, in connection with an $825 million equity investment and second lien financing for the purchase of certain Gulf Coast assets. (Financing of the Year under Oil and Gas Investor’s Top Deals for 2007)

Field Development Financing - Production Payment Facility
Represented the credit provider in a field development financing through a multiple tranche production payment facility.

$1.5 Billion Secured Acquisition Finance - Oil and Gas Reserves
Represent the lead agent and arranger, in a syndicated secured acquisition financing (master note amount of $1.5 billion) financing the purchase of Michigan, Indiana, and Kentucky assets, secured by oil and gas reserves in multiple states. (M&A Deal of the Year under Oil and Gas Investor’s Top Deals for 2007)

$400 Million Secured Acquisition Facility - Producing and Undeveloped Gas Fields
Represented a lender in a senior secured syndicated $400 million first lien revolving credit acquisition facility, secured by oil and gas properties in several states. This transaction also involved negotiation of a second lien secured credit facility. Proceeds were used for the acquisition of producing gas fields and undeveloped acreage in Texas, the Texas Gulf Coast, and Louisiana from EXCO Resources., Inc.

Memberships

  • State Bar of Texas (Member, Natural Resources and Environmental Law Sections)
  • Houston Energy Finance Group
  • Fellow Houston and Texas Bar Foundations
  • Independent Producers Association of America, Capital Markets Committee

Online Publications

05/16/2012 - Acquiring Distressed Natural Gas Assets Outside of Bankruptcy: Good Deals Today May Be Fraudulent Transfers Tomorrow
Before seizing upon a deal that appears too good to be true, buyers should consider that the transaction may be challenged years later as a fraudulent transfer, leaving the bargain buyer without the assets and nothing but an unsecured claim against an insolvent seller.

03/08/2012 - Haynes and Boone Webinar: Private Capital Quarterly Energy - An Analysis of Fracking Developments
The Investment Funds and Energy groups of Haynes and Boone, LLP presented the Private Capital Quarterly Energy Webinar, "An Analysis of Fracking Developments."

02/18/2011 - New Requirements in Texas for Approval of Plugging Extensions
Effective September 1, 2010, the Texas Railroad Commission issued new regulations for oil and gas operators related to inactive onshore wells and associated equipment pursuant to House Bill 2259 which dramatically changed requirements for extension of plugging obligations for inactive wells.

08/24/2010 - Recent Statutory and Regulatory Developments Related to Hydraulic Fracturing in New York, Pennsylvania, West Virginia and Ohio
The use of hydraulic fracturing, sometimes called "fracking," has made it economically possible to produce hydrocarbons, mainly gas, from the central Appalachian region of the eastern United States. Shale gas development from the Marcellus Shale is focused in four states: New York, Pennsylvania, West Virginia and Ohio.

07/08/2010 - Law Applicable to Hydraulic Fracturing in the Shale States
The use of hydraulic fracturing has made it economically possible to produce hydrocarbons from reservoirs which previously would have been uneconomical to develop. Now, an extraordinary oil and gas boom is afoot in America, and onshore natural gas production is advancing at an extraordinary pace.

05/22/2009 - Operator Removal Under the 1989 Form "Joint Operating Agreement" in Texas
In the current difficult economic climate, the number of operators having problems making timely payment to contractors for oilfield services is increasing. Litigation over whether certain exploration and production activities of an operator constitute a violation of the “good and workmanlike” standard has often ended favorably for operators. However, questions related to the financial obligations of an operator are different in recent case law.

The convergence of capital

01/14/2002 - Enron Bankruptcy: Purchasing Assets from Enron and its Subsidiaries and Affiliates
Enron announced in court Friday, January 11, that it had selected UBS Warburg’s bid for its wholesale commodity trading business.  Many details concerning the sale remain to be resolved through the bankruptcy court process. Importantly for Haynes and Boone’s energy clients, there are many other Enron assets remaining on the auction block. 

12/06/2001 - Enron Bankruptcy: Producer's Rights Under Product Purchase Contracts- Royalty Payments

12/05/2001 - Enron Bankruptcy: Counter-Party Rights Under Derivative Contracts
The bankruptcy filing by Enron Corp. and several of its subsidiaries, including its principal energy trading subsidiary, creates a number of issues for our clients, including those clients who are in the exploration and production business and who have entered into financial and physical swaps, puts and other derivative contracts with Enron or one of its subsidiaries.


Contracting for Power in a Deregulated Market

Power Restructuring Experience In California Will Not Occur In Texas