Second Quarter
EX-4.2 2 l39163aexv4w2.htm EX-4.2 exv4w2
Exhibit 4.2
FIRST AMENDMENT OF
TRUST AGREEMENT
OF
ECA MARCELLUS TRUST I
TRUST AGREEMENT
OF
ECA MARCELLUS TRUST I
This First Amendment to the Trust Agreement of ECA Marcellus Trust I is entered into effective as of the [6]th day of May, 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), The Bank of New York Mellon Trust Company, N.A. (the Trustee) as trustees (collectively referred to herein as the Trustees) and Michael Fletcher, a natural person residing in the state of Colorado (the Acting Trustee). Capitalized terms not defined herein shall have the meanings assigned to them in the Trust Agreement of ECA Marcellus Trust I (the Trust Agreement).
WHEREAS, on March 19, 2010, ECA, Corporation Trust and the Acting Trustee entered into the Trust Agreement for the purpose of forming ECA Marcellus Trust I (the Trust) and for the other purposes enumerated therein;
WHEREAS, the Acting Trustee desired to serve as trustee only for the purpose of forming the Trust;
WHEREAS, the Trust having been formed, the Trustee now desires to serve as trustee of the Trust and the Acting Trustee desires to resign the position of trustee of the Trust;
WHEREAS, the Trustees, the Acting Trustee and ECA believe it is in the best interest of the Trust for the Acting Trustee to step aside and for the Trustee to serve as trustee of the Trust.
The Trustees, the Acting Trustee and ECA hereby agree to amend the Trust Agreement as follows:
1. The Acting Trustee resigns and is removed from his position as trustee of the Trust.
2. The Trustee is hereby appointed as the new trustee of the Trust.
IN WITNESS WHEREOF, ECA, the Trustee, the Acting Trustee and Corporation Trust have caused this Agreement to be duly executed the day and year first above written.
ENERGY CORPORATION OF AMERICA | ||||||
ATTEST: | ||||||
/s/ Julie Ann Kitano | By: | /s/ Michael S. Fletcher | ||||
Name: Julie Ann Kitano | Name: Michael S. Fletcher | |||||
Title: Assistant Secretary | Title: CFO | |||||
ACTING TRUSTEE | ||||||
ATTEST: | ||||||
/s/ Julie Ann Kitano | /s/ Michael Fletcher | |||||
Name: Julie Ann Kitano Title: Assistant Secretary | Michael Fletcher | |||||
CORPORATION TRUST COMPANY | ||||||
ATTEST: | ||||||
/s/ Kathryn A. Widdoes | By: | /s/ Jennifer A. Schwartz | ||||
Name: Kathryn A. Widdoes | Name: Jennifer A. Schwartz | |||||
Title: Assistant Secretary | Title: Assistant Vice President | |||||
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. | ||||||
ATTEST: | ||||||
/s/ Karen Carlson | By: | /s/ Mike J. Ulrich | ||||
Name: Karen Carlson | Mike J. Ulrich | |||||
Title: Administrative Assistant | Vice President |
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