{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-549.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-549.2","heading":"Definitions","body":"DEFINITIONS\n\nAs used in the Oil and Gas Owners’ Lien Act of 2010:\n\n1. “Affiliate” means any person:\n\na. who is controlled, directly or indirectly, by a first\n\npurchaser, or\n\nb. who controls, directly or indirectly, a first\n\npurchaser.\n\n“Control” or “controlled by” means the possession, directly or\n\nindirectly, of the power to direct or cause the direction of the\n\nmanagement and policies of a person, whether through ownership, by\n\ncontract or otherwise;\n\n2. “Agreement to sell” means any enforceable agreement, whether\n\nexpress or implied, whether oral or written, by which an interest\n\nowner, either directly or through a representative, agrees to sell\n\nor is deemed by applicable contract or law to have agreed to sell\n\noil or gas upon or after severance to a first purchaser;\n\n3. “Article 9” means Article 9 of the Oklahoma Uniform\n\nCommercial Code in effect as of the relevant date or a comparable\n\narticle under the uniform commercial code of another state to the\n\nextent applicable;\n\n4. “First purchaser” means the first person that purchases oil\n\nor gas from an interest owner, either directly or through a\n\nrepresentative, under an agreement to sell;\n\n5. “Gas” means natural gas and casinghead gas and all\n\nconstituent parts thereof both before and after processing but prior\n\nto the time at which a first purchaser transfers title, possession\n\nor control thereof to a purchaser;\n\n6. “Interest owner” means a person owning an interest of any\n\nkind or nature in oil and gas rights before the acquisition thereof\n\nby a first purchaser. Interest owner includes a representative and\n\na transferee interest owner;\n\n7. “Oil” means oil and condensate and all constituent parts\n\nthereof whether before or after processing but prior to the time at\n\nwhich a first purchaser transfers title, possession or control\n\nthereto to a purchaser;\n\n8. “Oil and gas lien” means the lien granted by the Oil and Gas\n\nOwners’ Lien Act of 2010;\n\n9. a. “Oil and gas rights” means, as to any lands within the\n\nState of Oklahoma, any right, title or interest,\n\nwhether legal or equitable, in and to:\n\n(1) oil,\n\n(2) gas,\n\n(3) proceeds,\n\n(4) an oil and gas lease,\n\n(5) a pooling order, and\n\n(6) an agreement to sell.\n\nb. By way of illustration and not limitation, oil and gas\n\nrights include, but are not limited to:\n\n(1) oil or gas in place prior to severance,\n\n(2) oil or gas production, or the right to receive a\n\nportion of the proceeds, upon severance,\n\n(3) proceeds owed for oil and gas drilling and\n\ndevelopment,\n\n(4) proceeds from the acquisition of oil and gas\n\nrights including but not limited to a lease bonus\n\nor pooling bonus,\n\n(5) proceeds from an unfulfilled contract or\n\nagreement for the purchase of mineral rights,\n\n(6) any interest or estate in, by, through or under\n\nan oil and gas lease,\n\n(7) rights acquired under a pooling order insofar as\n\nsuch rights relate to: ownership of oil and gas,\n\nthe right to proceeds or the right to enter into\n\nan agreement to sell,\n\n(8) a legal or equitable right to receive\n\nconsideration of whatsoever nature under an\n\nagreement to sell, or\n\n(9) a mortgage lien or security interest in any of\n\nthe foregoing;\n\n10. “Operator” means a person engaged in the severance of oil\n\nor gas for that person alone, for other persons only, or for that\n\nperson and others;\n\n11. “Permitted lien” means any of the following liens or\n\nsecurity interests:\n\na. a mortgage lien or security interest granted by a\n\nfirst purchaser in favor of a person not an affiliate\n\nof the first purchaser which mortgage lien or security\n\ninterest secures payment under a written instrument of\n\nindebtedness signed by the first purchaser and\n\naccepted in writing by the payee thereof prior to\n\nApril 19, 2010, with a principal amount and a fixed\n\nmaturity stated therein; provided, however, a\n\npermitted lien does not include a mortgage lien or\n\nsecurity interest which:\nn affiliate\n\nof the first purchaser which mortgage lien or security\n\ninterest secures payment under a written instrument of\n\nindebtedness signed by the first purchaser and\n\naccepted in writing by the payee thereof prior to\n\nApril 19, 2010, with a principal amount and a fixed\n\nmaturity stated therein; provided, however, a\n\npermitted lien does not include a mortgage lien or\n\nsecurity interest which:\n\n(1) secures payment of any indebtedness incurred from\n\nand after April 19, 2010,\n\n(2) secures payment under a written instrument of\n\nindebtedness not signed by a first purchaser and\n\naccepted in writing by the payee thereof prior to\n\nApril 19, 2010,\n\n(3) secures payment under a written instrument of\n\nindebtedness modified, amended or restated from\n\nor after April 19, 2010, which modification,\n\namendment or restatement increases the principal\n\namount which was owing on April 19, 2010,\n\n(4) secures payment under a written instrument of\n\nindebtedness modified, amended or restated from\n\nor after April 19, 2010, which modification,\n\namendment or restatement extends the stated\n\nmaturity thereof which was in effect on April 19,\n\n2010, or\n\n(5) is not validly perfected with a first priority\n\nagainst the claims of all persons under\n\napplicable law other than persons holding a\n\nstatutory or regulatory lien as to which first\n\npriority is granted by statute or regulation, or\n\nb. a validly perfected and enforceable lien created by\n\nstatute or by rule or regulation of a governmental\n\nagency for storage or transportation charges,\n\nincluding terminal charges, tariffs, demurrage,\n\ninsurance, labor or other charges, owed by a first\n\npurchaser in relation to oil or gas originally\n\npurchased under an agreement to sell; provided,\n\nhowever, a permitted lien does not include any such\n\nlien:\n\n(1) which is in favor of an affiliate of a first\n\npurchaser unless such lien is authorized by the\n\nstatute, rule or regulation creating such lien,\n\nor\n\n(2) which is for charges in excess of ninety (90)\n\ndays from the time the first purchaser delivers\n\nsuch oil or gas for such storage or\n\ntransportation;\n\n12. “Person” means any individual, executor, administrator,\n\nestate, agent, trust, trustee, institution, receiver, business\n\ntrust, firm, corporation, partnership, limited liability company,\n\ncooperative, joint venture, governmental entity or agency,\n\nassociation or any other group or combination acting as a unit;\n\n13. “Pooling order” means an order issued by the Corporation\n\nCommission that requires the owners of the right to drill for oil or\n\ngas in a drilling and spacing unit to pool their interests for the\n\ndevelopment of such drilling and spacing unit;\n\n14. “Proceeds” means any of the following when paid or to be\n\npaid in consideration of, or as a consequence of, the sale of oil or\n\ngas under an agreement to sell: oil or gas on or after severance;\n\ninventory of raw, refined or manufactured oil or gas after\n\nseverance; rights to or products of any of the foregoing; cash\n\nproceeds; accounts; chattel paper; instruments; documents; or\n\npayment intangibles with respect to any of the foregoing;\n\n15. “Purchaser” means a person which is not an affiliate of a\n\nfirst purchaser and which takes, receives or purchases oil or gas\n\nfrom a first purchaser;\n\n16. “Representative” means any person who is authorized, either\n\nexpressly or by implication, including, without limitation, an\n\noperator or a broker so authorized, to sell oil or gas on behalf of,\n\nor for the benefit of, an interest owner under an agreement to sell\n\nor to receive on behalf of an interest owner the consideration under\n\nan agreement to sell;\n\n17. “Sales price” means the proceeds a first purchaser agrees\n\nto pay an interest owner or representative under an agreement to\n\nsell;\n\n18. “Security interest” means a security interest governed by\n\nArticle 9;\n\n19. “Severance” means that point in time at which oil or gas is\nwner under an agreement to sell\n\nor to receive on behalf of an interest owner the consideration under\n\nan agreement to sell;\n\n17. “Sales price” means the proceeds a first purchaser agrees\n\nto pay an interest owner or representative under an agreement to\n\nsell;\n\n18. “Security interest” means a security interest governed by\n\nArticle 9;\n\n19. “Severance” means that point in time at which oil or gas is\n\nreduced to possession at the mouth of the wellbore of an oil and gas\n\nwell;\n\n20. “Transferor interest owner” means an interest owner that\n\ntransfers or conveys oil and gas rights, in whole or in part; and\n\n21. “Transferee interest owner” means a person that acquires\n\noil and gas rights from a transferor interest owner.","path":["OK Code","Title 52"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os52.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c6f7937a1ef5a47605af24b53402c43b7b95d2099c1f297c2aba64e4bb355a08","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-549.12","next":"us-ok/okla.-stat.-tit.-52-52-549.3"},"notice":"GroundRules: Original legal text. Not legal advice."}