0001104659-15-007028.txt : 20150205 0001104659-15-007028.hdr.sgml : 20150205 20150205161640 ACCESSION NUMBER: 0001104659-15-007028 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20150205 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20150205 DATE AS OF CHANGE: 20150205 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ECA Marcellus Trust I CENTRAL INDEX KEY: 0001487798 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 276522024 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34800 FILM NUMBER: 15580474 BUSINESS ADDRESS: STREET 1: C/O BNY MELLON STREET 2: 919 CONGRESS AVE. STE 500 CITY: AUSTIN STATE: TX ZIP: 78701 BUSINESS PHONE: 800-852-1422 MAIL ADDRESS: STREET 1: C/O BNY MELLON STREET 2: 919 CONGRESS AVE. STE 500 CITY: AUSTIN STATE: TX ZIP: 78701 8-K 1 a15-3869_18k.htm 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 


 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): February 5, 2015

 

ECA MARCELLUS TRUST I

(Exact name of Registrant as specified in its charter)

 

Delaware

 

001-34800

 

27-6522024

(State or other jurisdiction of

 

(Commission

 

(I.R.S. Employer

incorporation or organization)

 

File Number)

 

Identification No.)

 

The Bank of New York Mellon Trust Company, N.A.

919 Congress Avenue

Austin, Texas 78701

(Address of principal executive offices)

 

Registrant’s Telephone Number, including area code: (512) 236-6555

 

Not applicable

(Former name, former address and former fiscal year,

if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o            Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR240.14d-(b))

 

o            Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 



 

ITEM 2.02.  Results of Operations and Financial Condition.

 

Attached as Exhibit 99.1 is a press release issued on behalf of the Registrant.  The information furnished is not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, is not subject to the liabilities of that section and is not deemed incorporated by reference in any filing under the Securities Act of 1933, as amended.

 

ITEM 9.01.  Financial Statements and Exhibits.

 

(d)                                 Exhibits.

 

99.1        Press Release dated February 5, 2015.

 

2



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

 

 

ECA Marcellus Trust I

 

 

 

By: The Bank of New York Mellon Trust Company, N.A.,

 

as Trustee

 

 

 

 

 

 

 

By:

/s/ Sarah Newell

 

Name:

Sarah Newell

 

Title:

Vice President

 

 

 

Date: February 5, 2015

 

 

 

Exhibit Index

 

Exhibit Number

 

Description

 

 

 

 

99.1

 

Press Release dated February 5, 2015.

 

3


EX-99.1 2 a15-3869_1ex99d1.htm EX-99.1

Exhibit 99.1

 

ECA Marcellus Trust I

 

ECA Marcellus Trust I Announces Quarterly Distribution

 

ECA Marcellus Trust I

 

The Bank of New York Mellon Trust Company, N.A., Trustee

 

 

News

 

 

Release

 

 

For Immediate Release

 

AUSTIN, Texas February 5, 2015 —   ECA MARCELLUS TRUST I (NYSE: ECT) announced today that the Trust’s distribution for the quarter ended December 31, 2014 will be $0.180 per unit, which is expected to be distributed on or before February 27, 2015 to holders of record as of the close of business on February 20, 2015.

 

The Trust was formed by Energy Corporation of America (“ECA”) to own royalty interests in natural gas properties owned by ECA in the Marcellus Shale formation in Greene County, Pennsylvania, and is entitled to receive certain amounts of the proceeds attributable to ECA’s interest in the sale of production from the properties.  As described in the Trust’s filings, the amount of the quarterly distributions is expected to fluctuate from quarter to quarter, depending on the proceeds received by the Trust as a result of production and natural gas prices and the amount of the Trust’s administrative expenses, among other factors.

 

Pursuant to IRC Section 1446, withholding tax on income effectively connected to a United States trade or business allocated to foreign partners should be made at the highest marginal rate.  Under Section 1441, withholding tax on fixed, determinable, annual, periodic income from United States sources allocated to foreign partners should be made at 30% of gross income unless the rate is reduced by treaty.  This release is intended to be a qualified notice to nominees and brokers as provided for under Treasury Regulation Section 1.1446-4(b) by ECA Marcellus Trust I, and while specific relief is not specified for Section 1441 income, this disclosure is intended to suffice. For distributions made to foreign partners, nominees and brokers should withhold at the highest effective tax rate.

 

This press release contains statements that are “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements contained in this press release, other than statements of historical facts, are “forward-looking statements” for purposes of these provisions. These forward-looking statements include the amount and date of any anticipated distribution to unit holders. The anticipated distribution is based, in part, on the amount of cash received or expected to be received by the Trust from ECA with respect to the relevant quarterly period. Any differences in actual cash receipts by the Trust could affect this distributable amount. Other important factors that could cause actual results to differ materially include expenses of the Trust and reserves for anticipated future expenses. Statements made in this press release are qualified by the cautionary statements made in this press release. Neither ECA nor the Trustee intends, and neither assumes any obligation, to update any of the statements included in this press release. An investment in Common Units issued by ECA Marcellus Trust I is subject to the risks described in the Trust’s Annual Report on Form 10-K for the year ended December 31, 2013, and all of its other filings with the Securities and Exchange Commission. The Trust’s annual, quarterly and other filed reports are or will be available over the Internet at the SEC’s web site at http://www.sec.gov.

 

Contact:                                                ECA Marcellus Trust I

The Bank of New York Mellon Trust Company, N.A., as Trustee

Sarah Newell

1(512) 236-6555

919 Congress Avenue                          Austin, TX 78701