Amendment No. 1 to Amended and Restated Royalty Trust Indenture of Cross Timbers Royalty Trust

Summary

This amendment, effective October 13, 2022, modifies the Amended and Restated Royalty Trust Indenture of Cross Timbers Royalty Trust. Approved by the District Court of Tarrant County, Texas, the amendment changes the requirements for a successor trustee, specifying that any new trustee must be a bank or trust company with at least $20 million in capital, surplus, and undivided profits. The amendment is executed by Simmons Bank as Trustee.

EX-4.1 2 d391597dex41.htm EX-4.1 EX-4.1

Exhibit 4.1

AMENDMENT NO. 1 TO

AMENDED AND RESTATED ROYALTY TRUST INDENTURE

OF

CROSS TIMBERS ROYALTY TRUST

This Amendment No. 1 to Amended and Restated Royalty Trust Indenture (this “Amendment”) of Cross Timbers Royalty Trust (the “Trust”), is made and entered into effective as of October 13, 2022, by the undersigned Trustee of the Trust (the “Trustee”), after receiving court approval of the Amendment.

W I T N E S S E T H :

WHEREAS, on October 13, 2022, the District Court of Tarrant County, Texas, 153rd Judicial District (the “Court”) approved an order modifying that certain Amended and Restated Royalty Trust Indenture of the Trust dated as of February 12, 1991 (the “Indenture”) with respect to the requirements to serve as successor trustee;

NOW, THEREFORE, the Trustee desires to amend the Trust Agreement to reflect the amendment ordered by the Court, which amends and restates the third sentence of Article VI, Section 6.05 as follows:

“Any such successor trustee shall be a bank or trust company having a capital, surplus and undivided profits (as of the end of its last fiscal year prior to its appointment) of at least $20,000,000.”

[Signature Page Follows]

 

1


IN WITNESS WHEREOF, the Trustee has executed this Amendment as of the day and year first above written.

 

TRUSTEE:
SIMMONS BANK
By:   /s/RON HOOPER
Name: Ron Hooper
Title: Senior Vice President

 

Signature Page to

Amendment No. 1 to

Amended and Restated Royalty Trust Indenture