Amendment No. 1 to Amended and Restated Royalty Trust Indenture of Hugoton Royalty Trust
This amendment, effective April 4, 2023, modifies the Amended and Restated Royalty Trust Indenture of Hugoton 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 $15 million in capital, surplus, and undivided profits. The amendment is executed by Simmons Bank as Trustee.
Exhibit 4.1
AMENDMENT NO. 1 TO
AMENDED AND RESTATED ROYALTY TRUST INDENTURE
OF
HUGOTON ROYALTY TRUST
This Amendment No. 1 to Amended and Restated Royalty Trust Indenture (this Amendment) of Hugoton Royalty Trust (the Trust), is made and entered into effective as of April 4, 2023, 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 April 4, 2023, the District Court of Tarrant County, Texas, 236th Judicial District (the Court) approved an order modifying that certain Amended and Restated Royalty Trust Indenture of the Trust dated as of March 24, 1999 (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 6.08 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 $15,000,000.
[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/TOD MILLER | ||
Name: Tod Miller | ||
Title: Regional President Trust Division |
Signature Page to
Amendment No. 1 to
Amended and Restated Royalty Trust Indenture