RE: Nice tick up18 Nov 2025 16:27
Key Terms and Current Dispute Points
Participating Interests: Empyrean Energy holds an 8.5% participating interest in the Duyung PSC, while Conrad (through its subsidiary WNEL) is the operator with a 76.5% interest.
Funding Obligations: Under the JOA, partners are required to contribute their pro-rata share of project costs through "cash calls" issued by the operator (Conrad/WNEL).
Dispute Resolution: The agreement includes specific procedures for resolving disputes. Empyrean asserts that a formal dispute-resolution process was ongoing when the recent notice was issued.
Forced Withdrawal Clause: A critical, and currently disputed, term is a clause that allows for a "Notice of Election of Remedy and Forced Withdrawal" if a partner defaults on its obligations (such as unpaid cash calls). If validly enforced, this would result in Empyrean's 8.5% interest being transferred to Conrad/WNEL.
Tag-Along/Drag-Along Rights: Empyrean has "tag-along" and "drag-along" rights under the JOA, which allow it to participate on a pro-rata basis in any proposed sale or farm-down of interest by the operator. Empyrean argues that Conrad's actions with the withdrawal notice may "frustrate" these provisions, especially given Conrad's current negotiations to farm down its own interest.