MORTGAGE, ASSIGNMENT OF LEASES, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT FROM ENERGY CORPORATION OF AMERICA, as MORTGAGOR TO THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS TRUSTEE OF ECA MARCELLUS TRUST I, as MORTGAGEE Dated as...ECA Marcellus Trust I • July 13th, 2010 • Crude petroleum & natural gas • Pennsylvania
THIS MORTGAGE, ASSIGNMENT OF LEASES, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT (this “Mortgage”) is entered into as of July 7, 2010 by Energy Corporation of America, a West Virginia corporation (herein called “Mortgagor”), whose address for notice is 4643 South Ulster Street, Suite 1100, Denver, CO 80237, and The Bank of New York Mellon Trust Company, N.A., acting not in its individual capacity but solely as trustee of ECA Marcellus Trust I, a Delaware statutory trust (the “Trust”), as mortgagee (“Mortgagee”) whose address for notice is c/o The Bank of New York Mellon Trust Company, N.A., 919 Congress Avenue, Suite 500, Austin Texas 78701.
AMENDED AND RESTATED TRUST AGREEMENT OF ECA MARCELLUS TRUST I Among ENERGY CORPORATION OF AMERICA and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. and CORPORATION TRUST COMPANYTrust Agreement • July 13th, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Delaware
This Amended and Restated Trust Agreement of ECA Marcellus Trust I (the “Trust”) is entered into effective as of the 7th day of July, 2010, by and among ENERGY CORPORATION OF AMERICA, a West Virginia corporation with its principal office in Denver, Colorado (“ECA”) as trustor, CORPORATION TRUST COMPANY, a corporation organized under the laws of the State of Delaware with its principal office in Wilmington, Delaware (“Corporation Trust”), as Delaware Trustee (as hereinafter defined), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized under the laws of the State of New York with its principal place of business in New York, New York (the “Bank”), as Trustee (as hereinafter defined).
Swap Agreement dated as of July 7, 2010 between ENERGY CORPORATION OF AMERICA and ECA MARCELLUS TRUST ISwap Agreement • July 13th, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • New York
This SWAP AGREEMENT, dated as of July 7, 2010, is between ENERGY CORPORATION OF AMERICA, a West Virginia corporation (“ECA”), and ECA MARCELLUS TRUST I, a Delaware statutory trust (the “Trust”).
DEVELOPMENT AGREEMENT INTRODUCTIONDevelopment Agreement • July 13th, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Pennsylvania
If Assignor holds an eighty-five percent (85%) Working Interest in a Development Well and the Adjusted Horizontal Well Factor is 0.8, then the computation would be:
Administrative Services AgreementAdministrative Services Agreement • July 13th, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Delaware
THIS ADMINISTRATIVE SERVICES AGREEMENT (this “Agreement”) by and between ENERGY CORPORATION OF AMERICA, a West Virginia corporation, with offices at 4643 South Ulster Street, Suite 100, Denver, Colorado 80237-2867 (“Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association organized under the laws of the State of New York, with offices at 919 Congress Avenue, Suite 500, Austin, Texas 78701, as trustee (the “Trustee”), acting not in its individual capacity but solely as trustee of ECA Marcellus Trust I, a statutory trust formed under the laws of the State of Delaware (the “Trust”) under that certain Amended and Restated Trust Agreement dated as of July 7, 2010, (as the same may be amended from time to time, the “Trust Agreement”) is delivered to be effective as of 7:00 a.m., Eastern Time, July 7, 2010 (the “Effective Time”). All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Article I below.
REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN ENERGY CORPORATION OF AMERICA, JOHN MORK, JULIE MORK AND ECA MARCELLUS TRUST I DATED AS OF July 7, 2010Registration Rights Agreement • July 13th, 2010 • ECA Marcellus Trust I • Crude petroleum & natural gas • Delaware
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of July 7, 2010, by and among ECA Marcellus Trust I, statutory trust formed under the laws of the State of Delaware (the “Trust”), and Energy Corporation of America (“ECA”), a West Virginia corporation, John Mork and Julie Mork (collectively with ECA and John Mork, the “Principal Unitholders”).
