0000950123-10-031218 Sample Contracts

TRUST AGREEMENT OF ECA MARCELLUS TRUST I
Trust Agreement • April 1st, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Delaware

This Trust Agreement of ECA Marcellus Trust I is entered into effective as of the 19th day of March, 2010 (this “Trust Agreement”), by and among Energy Corporation of America, a West Virginia corporation with its principal office in Charleston, West Virginia (together with its successors and assigns, “ECA”) as trustor, and THE CORPORATION TRUST COMPANY, a corporation organized under the laws of the State of Delaware with its principal office in Wilmington, Delaware (“Corporation Trust”), and Michael Fletcher, a natural person residing in the state of Colorado (the “Trustee”), as trustees (collectively referred to herein as the “Trustees”). ECA and the Trustees hereby agree as follows:

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FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • April 1st, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Georgia

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (hereinafter referred to as the “Amendment”) is made and entered into effective as of August 4, 2008 between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, ENERGY CORPORATION OF AMERICA, a West Virginia corporation (“Borrower”).

SECOND AMENDED AND RESTATED CREDIT AGREEMENT by and among ENERGY CORPORATION OF AMERICA, a West Virginia corporation as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO FOOTHILL, INC. as the Arranger and Administrative...
Credit Agreement • April 1st, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Georgia

THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), is entered into as of September 7, 2007, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, ENERGY CORPORATION OF AMERICA, a West Virginia corporation (“Borrower”).

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