−Removed: Market for Registrant’s Trust Units, Related Unitholder Matters and Issuer Purchases of Trust Units.
+Added: Market for Registrant’s Common Equity, Related Unitholder Matters and Issuer Purchases of Equity Securities.
The Trust Units trade
2 unchanged sentences
On March 23, 2021, there were four unitholders of record.
−Removed: This number does not include owners for whom Trust Units
−Removed: may be held in “street”
+Added: This number does not include owners for whom Trust
+Added: Units may be held in “street”
Distributions
15 unchanged sentences
Recent Sales of Unregistered Securities
−Removed: There were no equity securities sold by
−Removed: the Trust during the year ended December 31, 2019.
+Added: There were no equity securities sold by the Trust during the year ended December 31, 2020.
Purchases of Equity Securities
35 unchanged sentences
The average NYMEX oil price and gas price
−Removed: received for the production months included in 2019 distributions decreased 8% and 9%, respectively, from the prior year as a result
−Removed: of the corresponding increase in the average NYMEX oil price and average NYMEX gas price for the relevant production months.
−Removed: In 2019, the exploratory activity on
−Removed: the Underlying Properties included the successful drilling and completion of three gross wells in the Haynesville area of
−Removed: Louisiana and two gross wells in the Permian area.
−Removed: Crude oil prices have declined sharply
−Removed: in the first quarter of 2020 in response to the economic effects of the coronavirus pandemic and the recent announcement of planned
−Removed: production increases by Saudi Arabia.
−Removed: Such factors, if they persist for the near term or longer, could adversely affect the operators
−Removed: of the Underlying Properties, production from the Underlying Properties and/or distributions to Trust unitholders.
+Added: received for the production months included in 2020 distributions decreased 0% and 32%, respectively, from the prior year as a
+Added: result of the corresponding decrease in the average NYMEX oil price and average NYMEX gas price for the relevant production months.
+Added: In 2020, the development activity on the
+Added: Underlying Properties included the successful drilling, with completion activities scheduled for the first half of 2021, of seven
+Added: gross wells in the Haynesville area of Louisiana and four gross wells in the Permian area.
+Added: Crude oil prices declined sharply in the
+Added: first quarter of 2020 in response to the economic effects of the coronavirus pandemic and the dispute over production levels between
+Added: Russia and members of OPEC.
+Added: Prices have since rebounded for both crude oil and natural gas, but the effects of the global pandemic
+Added: have resulted in continuing volatility for commodity prices and an oil and gas industry facing increasing capital constraint.
+Added: Such factors, if they persist for the near term or longer, could adversely affect the operators of the Underlying Properties,
+Added: production from the Underlying Properties and/or distributions to Trust unitholders.
The operators of the Underlying Properties
continue to evaluate planned capital expenditures during 2021, but based on currently available information, the Sponsor anticipates
−Removed: 2020 capital expenditures to range from $4 million to $6 million attributable
−Removed: to the properties in which the Trust owns a net profits interest, or $3 million to $5 million net to the Trust’s 80%
−Removed: net profits interest.
+Added: 2021 capital expenditures to range from $2.0 million to $4.0 million attributable to the properties in which the Trust owns
+Added: a net profits interest, or $1.6 million to $3.2 million net to the Trust’s 80% net profits interest.
+Added: New York Stock Exchange Continued Listing
+Added: Under the continued listing requirements
+Added: of The New York Stock Exchange (“NYSE”), a company will be considered to be out of compliance with the exchange’s
+Added: minimum price requirement if the company’s average closing price over a consecutive 30 trading day period (“Average
+Added: Closing Price”) is less than $1.00 (the “Minimum Price Requirement”).
+Added: Under NYSE rules, a company that
+Added: is out of compliance with the Minimum Price Requirement has a cure period of six months to regain compliance if it notifies the
+Added: NYSE within 10 business days of receiving a deficiency notice of its intention to cure the deficiency.
+Added: A company may regain compliance
+Added: if on the last trading day of any calendar month during the cure period the company has a closing share price of at least $1.00
+Added: and an average closing share price of at least $1.00 over the 30-trading-day period ending on the last trading day of that month.
+Added: If at the expiration of the cure period, both a $1.00 closing share price on the last trading day of the cure period and a $1.00
+Added: average closing share price over the 30-trading-day period ending on the last trading day of the cure period are not attained,
+Added: the NYSE will commence suspension and delisting procedures.
+Added: On September 25, 2020, the Trust received
+Added: written notification from the NYSE that the Trust was not in compliance with the Minimum Price Requirement.
+Added: On March 11, 2021,
+Added: the Trust received written notification from the NYSE that the Trust had regained compliance with the Minimum Price Requirement
+Added: as of February 26, 2021.
Results of Operations
7 unchanged sentences
Total—2019 (2)
−Removed: Total—2017 (4)
+Added: (1) The table for the year ended December 31, 2020 does not separately display sales volumes for August through December because
+Added: the Trust did not pay a distribution with respect to those months, as the net profits interest calculation for each such period
+Added: was negative.
+Added: In August 2020, direct operating and development expenses and capital expenditures exceeded revenues, which resulted
+Added: in negative net profits from the Underlying Properties which was carried forward to be deducted from future net profits generated
+Added: by the Underlying Properties.
(2) The table for the year ended December 31, 2019 does not separately display sales volumes for January because the Trust did
2 unchanged sentences
operating and development expenses and capital expenditures exceeded revenues, which resulted in negative net profits from the
−Removed: Underlying Properties which was carried forward to be deducted from future net profits generated by the Underlying Properties.
−Removed: In February 2019, net profits from the Underlying Properties were positive, and the aggregate shortfall was deducted from such
−Removed: net profits when calculating distributions paid in February 2019.
−Removed: As a result, sales volumes for January 2019 have been included
−Removed: in the sales volumes for February 2019.
−Removed: (2) In November 2018, due to reporting delays from operators associated with the transition of ownership from Enduro to the Sponsor,
−Removed: the average price of natural gas from the Underlying Properties is not comparable to other months presented.
−Removed: (3) In 2017, there were two months in which direct operating and development expenses exceeded revenues, which resulted in negative
−Removed: net profits from the Underlying Properties for those periods.
−Removed: As a result, there were no distributions to Trust unitholders in
−Removed: November or December 2017, and the aggregate shortfall in net profits of $526,709 was carried forward to be deducted from future
−Removed: net profits generated by the Underlying Properties.
−Removed: In January 2018, net profits from the Underlying Properties were positive,
−Removed: and the aggregate shortfall was deducted from such net profits when calculating distributions
−Removed: paid in January 2018.
−Removed: As a result, sales volumes for November and December 2017 have been included in the sales volumes for January
−Removed: (4) The year ended December 31, 2017 does not include sales volumes for November and December as the Trust did not pay a distribution
−Removed: in those months, as the net profits interest calculation for such periods was negative.
+Added: Underlying Properties that was carried forward to be deducted from future net profits generated by the Underlying Properties.
+Added: February 2019, net profits from the Underlying Properties were positive, and the aggregate shortfall was deducted from such net
+Added: profits when calculating distributions paid in February 2019.
+Added: As a result, sales volumes for January 2019 have been included in
+Added: the sales volumes for February 2019.
Computation of Income from Net Profits Interest Received
7 unchanged sentences
from Net Profits Interest.
−Removed: Net profits income for the years ended December 31, 2019, 2018, and 2017 was determined as shown in
−Removed: the following table:
+Added: Net profits income for the years ended December 31, 2020 and 2019 were determined as shown in the following
Year Ended December 31,
7 unchanged sentences
Gross proceeds from sale/lease of undeveloped acreage
−Removed: General and administrative expenses paid by Enduro related to divestiture
Net profits attributable to underlying properties
1 unchanged sentence
Net profits allocable to Net Profits Interest
−Removed: Permianville Cash Reserve
Release of Escrow
−Removed: Enduro/Sponsor reserve for approved development expenses released (withheld), net
Income from Net Profits Interest
+Added: COERT Loan Repayment
Trust general and administrative expenses and cash withheld for expenses
−Removed: Distributable income generated by properties prior to divestiture
−Removed: Income from sale of Net Profits Interest
Distributable income
−Removed: In 2017, there were two months in which
−Removed: direct operating and development expenses exceeded revenues, thereby causing net profits on the Underlying Properties to be negative.
−Removed: As a result, there were no distributions to Trust unitholders in November or December 2017 and the aggregate shortfall in net profits
−Removed: of $526,709 was carried forward to be deducted from future net profits generated by the Underlying Properties in 2018.
−Removed: profits for these two months in 2017 was negative and there was no distribution paid to unitholders, revenues and the associated
−Removed: direct operating and development expenses are excluded from the calculation of distributable income detailed in the table above
−Removed: for the year ended December 31, 2017 as well as the related sales volumes detailed below.
−Removed: In January 2018, net profits from the Underlying
−Removed: Properties were positive, and the aggregate shortfall in net profits of $526,709 from November and December 2017 was deducted from
−Removed: such net profits when calculating distributions paid in January 2018.
−Removed: Since the 2017 shortfall in net profits was recovered in
−Removed: 2018 and included in 2018 distributions paid to unitholders, revenues and the associated direct operating and development expenses
−Removed: for November and December 2017 are included in the calculation of distributable income detailed in the table above for the year
−Removed: ended December 31, 2018 as well as the related sales volumes detailed below.
+Added: In 2020, there were
+Added: five months in which direct operating and development expenses exceeded revenues, thereby causing net profits attributable to the
+Added: Underlying Properties to be negative.
+Added: This resulted in an aggregate net profits shortfall of $2.7 million, prior to repayment of
+Added: Sponsor advances, as of August 31, 2020.
+Added: As a result, there were no distributions to Trust unitholders from August through December
+Added: As of December 31, 2020, the remaining aggregate shortfall of $1.7 million will be carried forward to be deducted from future
+Added: net profits generated by the Underlying Properties.
+Added: As net profits for the five months were negative and therefore no distributions
+Added: were paid to unitholders with respect to these five months, the corresponding revenues and associated direct operating and development
+Added: expenses are excluded from the calculation of distributable income for 2020 detailed in the table above as well as the related
+Added: sales volumes detailed below.
The following table displays oil and natural
14 unchanged sentences
Properties for the year ended December 31, 2020 are calculated from the following:
−Removed: oil sales related to oil produced from the Underlying Properties primarily from September 2018 through August 2019;
−Removed: natural gas sales related to natural gas produced from the Underlying Properties primarily from August 2018 through July
−Removed: direct operating and development expenses related to expenses and capital incurred primarily from October 2018 to September
+Added: oil sales related to oil produced from the Underlying Properties primarily from September 2019 through March 2020;
+Added: natural gas sales related to natural gas produced from the Underlying Properties primarily from August 2019 through February
+Added: direct operating and development expenses related to expenses and capital incurred primarily from October 2019 to April 2020.
Net profits attributable to the Underlying
Properties for the year ended December 31, 2020 were $7.0 million compared to $12.1 million for the year ended December 31,
−Removed: As a result of direct operating expenses and development expenses exceeding oil and natural gas sales for the last two months
−Removed: of 2017, the Trust did not pay a distribution to unitholders for the last two months of 2017.
−Removed: Under the modified cash basis of
−Removed: accounting, as there was no distribution in November and December 2017, the oil and natural gas sales, direct operating expenses
−Removed: and development expenses for such periods are not included in the table above or this analysis of net profits attributable to the
−Removed: Underlying Properties for the year ended December 31, 2017 but are included in the table above or this analysis of net profits
−Removed: attributable to the Underlying Properties for the year ended December 31, 2018.
−Removed: Therefore, several variances between years are
−Removed: due to the inclusion of twelve months of results in the year ended December 31, 2019 compared to fourteen months in the year ended
−Removed: December 31, 2018.
−Removed: The $7.0 million decrease in net profits attributable to the Underlying Properties from 2018 to 2019 was primarily
−Removed: due to the following items:
+Added: As a result of direct operating expenses and development expenses exceeding oil and natural gas sales for the last five months
+Added: of 2020, the Trust did not pay a distribution to unitholders from August through December 2020.
+Added: Accordingly, under the modified
+Added: cash basis of accounting, the oil and natural gas sales, direct operating expenses and development expenses for such periods were
+Added: not included in the last five months of 2020 and instead will be included in a future period once the net profits shortfall has
+Added: been recouped.
+Added: Therefore, several variances between the periods are due to the inclusion of only seven months of results in the
+Added: year ended December 31, 2020 compared to twelve months included in the year ended December 31, 2019.
+Added: The $5.1 million decrease
+Added: in net profits attributable to the Underlying Properties from the 2019 period to the 2020 period was primarily due to the
+Added: following items:
Oil sales decreased $15.0 million, primarily due to lower sales volumes, which decreased oil sales by $15.0 million.
−Removed: volumes decreased 14% primarily because the year ended December 31, 2019 included twelve months of oil sales volumes while the
−Removed: year ended December 31, 2018 included fourteen months of oil sales volumes.
−Removed: The remaining $3.1 million decrease in oil sales was
−Removed: due to lower realized prices.
−Removed: The average oil price received decreased 8% as a result of the corresponding decrease in the average
−Removed: NYMEX oil price for the relevant production months.
−Removed: Natural gas sales decreased $4.0 million due to lower
−Removed: sales volumes, which decreased natural gas sales by $3.0 million.
−Removed: Natural gas volumes decreased 21% primarily because the year
−Removed: ended December 31, 2019 included twelve months of natural gas sales volumes while the year ended December 31, 2018 included fourteen
−Removed: months of natural gas sales volumes The remaining $1.0 million decrease in natural gas sales was due to lower realized prices.
−Removed: The average natural gas price received decreased 9% as a result of the corresponding decreases in the average NYMEX natural gas
−Removed: price for the relevant production months.
+Added: volumes decreased 43% primarily because the year ended December 31, 2020 included only seven months of oil sales volumes while
+Added: the year ended December 31, 2019 included twelve months of oil sales volumes.
+Added: Natural gas sales decreased $6.6 million due to lower sales volumes, which decreased natural gas sales by $4.9 million.
+Added: gas volumes decreased 49% primarily because the year ended December 31, 2020 included only seven months of natural gas sales volumes
+Added: while the year ended December 31, 2019 included twelve months of natural gas sales volumes.
+Added: The remaining $1.7 million decrease
+Added: in natural gas sales was due to lower realized prices.
+Added: The average natural gas price received decreased 32% as a result of the
+Added: corresponding decreases in the average NYMEX natural gas price for the relevant production months.
Compression, gathering and transportation (“CGT”) expenses decreased from $2.1 million in 2019 to $1.0 million
−Removed: The increase in CGT expenses is primarily due to the difference in the number of months included in the respective periods.
+Added: The decrease in CGT expenses is primarily due to the difference in the number of months included in the respective periods.
Lease operating expenses decreased $9.5 million in 2020 compared to 2019, primarily attributable to the difference in the number
1 unchanged sentence
Production, ad valorem and other taxes decreased $2.3 million in 2020 compared to 2019 primarily due to the decrease in production
−Removed: As a percentage of revenues, production, ad valorem and other taxes increased to 8.8% for the year ended December 31,
−Removed: 2019 compared to 8.1% for the year ended December 31, 2018.
−Removed: Development expenses increased $1.6 million, or 44%, in 2019 compared to 2018 primarily due to the drilling and completion
−Removed: costs associated with the three new wells in the Permian basin and three new wells in the North Louisiana area.
+Added: Development expenses decreased $3.7 million, or 70%, in 2020 compared to 2019 primarily due decrease in drilling activity during
In 2017, pursuant to an agreement between
11 unchanged sentences
primarily consisted of fees for the preparation of 2019 tax information for unitholders, preparation of the Trust’s 2020
−Removed: reserve report and Annual Report on Form 10-K, 2018 and 2019 financial statement audit fees, preparation of the Trust’s
+Added: reserve report and Annual Report on Form 10-K, 2020 financial statement audit fees, preparation of the Trust’s 2020
monthly press releases and Quarterly Reports on Form 10-Q, Trustee fees, and New York Stock Exchange listing fees.
−Removed: year ended December 31, 2018, the Trust withheld $0.5 million and paid $1.1 million for general and administrative expenses.
−Removed: Years Ended December 31, 2018 and 2017
−Removed: Net profits attributable to the Underlying
−Removed: Properties for the year ended December 31, 2018 are calculated from the following:
−Removed: oil sales related to oil produced from the Underlying Properties primarily from July 2017 through August 2018;
−Removed: natural gas sales related to natural gas produced from the Underlying Properties primarily from June 2017 through July 2018;
−Removed: direct operating and development expenses related to expenses and capital incurred primarily from August 2017 to September
−Removed: Net profits attributable to the
−Removed: Underlying Properties for the year ended December 31, 2018 were $19.1 million compared to $9.4 million for the year
−Removed: ended December 31, 2017.
−Removed: As a result of direct operating expenses and development expenses exceeding oil and natural gas
−Removed: sales for the last two months of 2017, the Trust did not pay a distribution to unitholders for the last two months of 2017.
−Removed: Under the modified cash basis of accounting, as there was no distribution in November and December 2017, the oil and natural
−Removed: gas sales, direct operating expenses and development expenses for such periods are not included in the table above or this
−Removed: analysis of net profits attributable to the Underlying Properties for the year ended December 31, 2017 but are included in
−Removed: the table above or this analysis of net profits attributable to the Underlying Properties for the year ended December 31,
−Removed: Therefore, several variances between years are due to the inclusion of fourteen months of results in the year ended
−Removed: December 31, 2018 compared to ten months in the year ended December 31, 2017.
−Removed: The $9.6 million increase in net profits
−Removed: attributable to the Underlying Properties from 2017 to 2018 was primarily due to the following items:
−Removed: Oil sales increased $15.2 million, primarily due to higher sales volumes, which increased oil sales by $8.3 million.
−Removed: The remaining
−Removed: $7.0 million increase in oil sales was due to higher realized prices.
−Removed: The average oil price received increased 19% as a result
−Removed: of the corresponding increase in the average NYMEX oil price for the relevant production months.
−Removed: Oil sales volumes increased 29%
−Removed: primarily due to the year ended December 31, 2018 including fourteen months of oil s including only ten months of oil sales volumes.
−Removed: Natural gas sales increased $5.4 million due to higher sales volumes, which increased natural gas sales by $5.0 million.
−Removed: remaining $0.4 million increase in natural gas sales was due to higher realized prices.
−Removed: The average natural gas price received
−Removed: increased 3% as a result of the corresponding increases in the average NYMEX natural gas price for the relevant production months.
−Removed: Natural gas volumes increased 57% primarily because the year ended December 31, 2018 included fourteen months of natural gas sales
−Removed: volumes while the year ended December 31, 2017 included only ten months of natural gas sales volumes.
−Removed: During 2018, average monthly
−Removed: natural gas sales volumes increased 12% due to production volumes from six gross (0.45 net) wells in the Haynesville, which began
−Removed: production in September 2018.
−Removed: CGT expenses increased from $2.0 million in 2017 to $2.8 million in 2018.
−Removed: The increase in CGT expenses is primarily attributable
−Removed: to the difference in the number of months included in the respective periods.
−Removed: Lease operating expenses increased $8.5 million in 2018 compared to 2017, primarily attributable to the difference in the number
−Removed: of months included in the respective periods.
−Removed: Production, ad valorem and other taxes increased $2.0 million in 2018 compared to 2017 primarily due to the increase in production
−Removed: As a percentage of revenues, production, ad valorem and other taxes increased to 8.1% for the year ended December 31,
−Removed: 2018 compared to 7.2% for the year ended December 31, 2017.
−Removed: Development expenses decreased $0.2 million, or 5%, in 2018 compared to 2017 as a result of reduced capital development projects.
−Removed: Development expenses during the year ended December 31, 2018, included costs related to multiple workovers and the initial costs
−Removed: for drilling three new wells in the Permian Area.
−Removed: Development expenses during the year ended December 31, 2017 included costs related
−Removed: to six gross (0.5 net) wells in North Louisiana commenced drilling and the Haynesville drilling program in North Louisiana.
−Removed: In September 2017, Enduro completed the
−Removed: sale of certain properties in the Permian Basin and, in connection with the sale, the Trust released its 80% Net Profits Interest
−Removed: in the properties in exchange for 80% of the net proceeds of the sales.
−Removed: The net proceeds of the sales were paid to Trust unitholders
−Removed: in a special distribution in October 2017.
−Removed: During the first quarter of 2018, $35,283 in general and administrative expenses incurred
−Removed: and paid by Enduro that were not initially charged to the Trust as part of the special distribution were deducted in calculating
−Removed: the net profits attributable to the Underlying Properties.
−Removed: Further, during the second quarter of 2018, $52,960 was deducted from
−Removed: the net profits attributable to the Underlying Properties due to the inclusion in prior period distribution calculations of certain
−Removed: expenses and revenues that related to properties sold as part of these divestitures.
−Removed: This resulted in total adjustments to the
−Removed: net profits attributable to the Underlying Properties for 2018 of $88,243.
−Removed: The Trust withheld $0.5 million and
−Removed: paid $1.1 million for general and administrative expenses during the year ended December 31, 2018.
−Removed: Expenses paid during
−Removed: the period primarily consisted of fees for the preparation of 2017 tax information for unitholders, preparation of the
−Removed: Trust’s 2017 reserve report and Annual Report on Form 10-K, 2017 and 2018 financial statement audit fees,
−Removed: preparation of the Trust’s 2018 monthly press releases and Quarterly Reports on Form 10-Q, Trustee fees, and New York
−Removed: Stock Exchange listing fees.
−Removed: For the year ended December 31, 2017, the Trust withheld $0.9 million and paid $0.7 million for
−Removed: general and administrative expenses.
+Added: ended December 31, 2019, the Trust withheld $0.8 million and paid $0.9 million for general and administrative expenses.
Liquidity and Capital Resources
24 unchanged sentences
to pay ordinary course administrative expenses.
−Removed: Further, if the Trust requires more than the $1.2 million under the letter of credit
−Removed: to pay administrative expenses, the Sponsor has agreed to loan funds to the Trust necessary to pay such expenses.
−Removed: Any loan made
−Removed: by the Sponsor to the Trust would be evidenced by a written promissory note, be on an unsecured basis, and have terms that are
−Removed: no less favorable to the Sponsor than those that would be obtained in an arm’s length transaction between the Sponsor and
−Removed: an unaffiliated third party.
−Removed: If the Trust borrows funds or draws on the letter of credit, no further distributions will be made
−Removed: to Trust unitholders until such amounts borrowed or drawn are repaid.
−Removed: Except for the foregoing, the Trust has no source of liquidity
−Removed: or capital resources.
−Removed: The Trustee has no current plans to authorize the Trust to borrow money other than Sponsor advances to pay
−Removed: the Trust’s monthly operating expenses.
−Removed: At December 31, 2019 and 2018, the Trust held cash reserves of $90,665 and $827,169,
−Removed: respectively, for future Trust expenses.
−Removed: Since its formation, the Trust has not borrowed any funds other than Sponsor advances
−Removed: to pay the Trust’s monthly operating expenses and no amounts have been drawn on the letter of credit.
+Added: Further, if the Trust requires more than the $1.2 million under the letter of
+Added: credit to pay administrative expenses, the Sponsor has agreed to loan funds to the Trust necessary to pay such expenses.
+Added: made by the Sponsor to the Trust would be evidenced by a written promissory note, be on an unsecured basis, and have terms that
+Added: are no less favorable to the Sponsor than those that would be obtained in an arm’s length transaction between the Sponsor
+Added: and an unaffiliated third party.
+Added: If the Trust borrows funds or draws on the letter of credit, no further distributions will be
+Added: made to Trust unitholders until such amounts borrowed or drawn are repaid.
+Added: Except for the foregoing, the Trust has no source of
+Added: liquidity or capital resources.
+Added: The Trustee has no current plans to authorize the Trust to borrow money other than Sponsor advances
+Added: to pay the Trust’s monthly operating expenses.
+Added: At December 31, 2020 and 2019, the Trust held cash reserves of $29,639
+Added: and $90,665, respectively, for future Trust expenses.
+Added: Since its formation, the Trust has not borrowed any funds other than Sponsor
+Added: advances to pay the Trust’s monthly operating expenses and no amounts have been drawn on the letter of credit.
From time to time, if the Trust’s
5 unchanged sentences
As of December 31, 2020 and 2019, Advances to the Trust were $348,821 and $34,818, respectively.
−Removed: In February 2016, Enduro established a $750,000
−Removed: reserve from that month’s net profits interest calculation for approved 2016 development expenses.
−Removed: The Trust, in its discretion,
−Removed: also withheld $250,000 for anticipated future liabilities of the Trust.
−Removed: In March 2016, Enduro withheld an additional $100,000 to
−Removed: increase the previously established reserve for approved development expenses, a total reserve of $850,000.
−Removed: As a result of lower
−Removed: than anticipated expenditures during the year, over the course of the remaining 2016 distributions Enduro released $750,000 of
−Removed: the established reserve, thereby increasing the net profits attributable to the Trust.
−Removed: In the distribution paid in January 2017,
−Removed: Enduro released the final $100,000 reserve.
−Removed: COERT currently does not maintain any reserve for development expenses.
Cash held by the Trustee as a reserve against
6 unchanged sentences
into any hedge contracts relating to oil and natural gas volumes produced from the Underlying Properties, attributable to the Net
−Removed: Profits Interest for the years ended December 31, 2019, 2018 or 2017, and the terms of the Conveyance prohibit COERT from entering
−Removed: into new hedging arrangements burdening the Trust.
+Added: Profits Interest for the years ended December 31, 2020 or 2019, and the terms of the Conveyance prohibit COERT from entering into
+Added: new hedging arrangements burdening the Trust.
The Trust pays the Trustee an administrative
10 unchanged sentences
or the availability of capital resources.
−Removed: Off-Balance Sheet Arrangements
−Removed: The Trust has no off-balance sheet arrangements.
−Removed: The Trust has not guaranteed the debt of any other party, nor does the Trust have any other arrangements or relationships with
−Removed: other entities that could potentially result in unconsolidated debt, losses or contingent obligations.
+Added: Contractual Obligations
of December 31, 2020, the Trust had no obligations or commitments to make future contractual payments other than the administrative
8 unchanged sentences
Critical Accounting Policies and Estimates
−Removed: The Trust uses the modified cash basis of
−Removed: accounting to report Trust receipts of income from the Net Profits Interest and payments of expenses incurred.
+Added: The Trust uses the modified cash basis
+Added: of accounting to report Trust receipts of income from the Net Profits Interest and payments of expenses incurred.
The Net Profits
3 unchanged sentences
Cash distributions of the Trust
−Removed: are made based on the amount of cash received by the Trust pursuant to terms of the conveyance creating the Net Profits Interest.
+Added: are made based on the amount of cash received by the Trust pursuant to terms of the Conveyance.
Under the terms of the Conveyance, the monthly
15 unchanged sentences
in oil and natural gas properties is calculated on a unit-of-production basis and is charged directly to the Trust corpus.
−Removed: Such amortization does not affect cash earnings of the Trust;
+Added: amortization does not affect cash earnings of the Trust;
(f) The Net Profits Interest in oil and
28 unchanged sentences
In addition, physical factors such as the results of drilling, testing and production
−Removed: subsequent to the date of an estimate, as well as economic factors such as changes in product prices, may justify revision of such
−Removed: Because proved reserves are required to be estimated using prices at the date of the evaluation, estimated reserve quantities
−Removed: can be significantly impacted by changes in product prices.
−Removed: Accordingly, oil and natural gas quantities ultimately recovered and
−Removed: the timing of production may be substantially different from original estimates.
−Removed: The Financial Accounting Standards
−Removed: Board requires supplemental disclosures for oil and gas producers based on a standardized measure of discounted future net
−Removed: cash flows relating to proved oil and natural gas reserve quantities.
−Removed: Under this disclosure, future cash inflows are computed
−Removed: by applying the average prices during the 12-month period prior to fiscal year-end, determined as an unweighted
−Removed: arithmetic average of the first-day-of-the-month benchmark price for each month within such period, unless prices are defined
−Removed: by contractual arrangements, excluding escalations based upon future conditions.
−Removed: Future price changes are only considered to
−Removed: the extent provided by contractual arrangements in existence at year-end.
−Removed: The standardized measure of discounted future net
−Removed: cash flows is achieved by using a discount rate of 10% a year to reflect the timing of future cash flows relating to proved
−Removed: oil and natural gas reserves.
−Removed: Changes in any of these assumptions, including consideration of other factors, could have a
−Removed: significant impact on the standardized measure.
−Removed: The standardized measure does not necessarily result in an estimate of the
−Removed: current fair market value of proved reserves.
+Added: subsequent to the date of an estimate, as well as economic factors such as changes in product prices, may justify revision of
+Added: such estimates.
+Added: Because proved reserves are required to be estimated using prices at the date of the evaluation, estimated reserve
+Added: quantities can be significantly impacted by changes in product prices.
+Added: Accordingly, oil and natural gas quantities ultimately
+Added: recovered and the timing of production may be substantially different from original estimates.
+Added: The Financial Accounting Standards Board
+Added: requires supplemental disclosures for oil and gas producers based on a standardized measure of discounted future net cash flows
+Added: relating to proved oil and natural gas reserve quantities.
+Added: Under this disclosure, future cash inflows are computed by applying
+Added: the average prices during the 12-month period prior to fiscal year-end, determined as an unweighted arithmetic average of the first-day-of-the-month
+Added: benchmark price for each month within such period, unless prices are defined by contractual arrangements, excluding escalations
+Added: based upon future conditions.
+Added: Future price changes are only considered to the extent provided by contractual arrangements in existence
+Added: The standardized measure of discounted future net cash flows is achieved by using a discount rate of 10% a year to
+Added: reflect the timing of future cash flows relating to proved oil and natural gas reserves.
+Added: Changes in any of these assumptions, including
+Added: consideration of other factors, could have a significant impact on the standardized measure.
+Added: The standardized measure does not
+Added: necessarily result in an estimate of the current fair market value of proved reserves.
Amortization of Net Profits Interest.
−Removed: The Trust calculates amortization of the Net Profits Interest in oil and natural gas properties on a unit-of-production basis based
−Removed: on the Underlying Properties’
+Added: The Trust calculates amortization of the Net Profits Interest in oil and natural gas properties on a unit-of-production basis
+Added: based on the Underlying Properties’
production and reserves.
−Removed: The reserves upon which the amortization rate is based are quantity
−Removed: estimates which are subject to numerous uncertainties inherent in the estimation of proved reserves.
−Removed: The volumes considered to
−Removed: be commercially recoverable fluctuate with changes in prices and operating costs.
−Removed: These estimates are expected to change as additional
−Removed: information becomes available in the future.
−Removed: Downward revisions in proved reserves may result in an increased rate of amortization.
−Removed: Amortization is recorded on sales volumes paid by the Trust during the relevant period and is charged directly to the Trust corpus
+Added: The reserves upon which the amortization rate is based are
+Added: quantity estimates which are subject to numerous uncertainties inherent in the estimation of proved reserves.
+Added: The volumes considered
+Added: to be commercially recoverable fluctuate with changes in prices and operating costs.
+Added: These estimates are expected to change as
+Added: additional information becomes available in the future.
+Added: Downward revisions in proved reserves may result in an increased rate
+Added: of amortization.
+Added: Amortization is recorded on sales volumes paid by the Trust during the relevant period and is charged directly
+Added: to the Trust corpus balance.
As a result, amortization does not affect the cash earnings of the Trust.
4 unchanged sentences
The Trust did not realize any impairment during the years ended December 31, 2019 or 2018.
−Removed: Future downward revisions in actual production volumes relative to current forecasts, higher than expected operating costs, or
−Removed: lower than anticipated market pricing could result in recognition of impairment in future periods.
−Removed: Any impairment of the Net Profits
−Removed: Interest will result in a non-cash charge to Trust corpus and will not affect distributable income.
−Removed: For further information, see
−Removed: “Note 5.
+Added: downward revisions in actual production volumes relative to current forecasts, higher than expected operating costs, or lower than
+Added: anticipated market pricing could result in recognition of impairment in future periods.
+Added: Any impairment of the Net Profits Interest
+Added: will result in a non-cash charge to Trust corpus and will not affect distributable income.
+Added: For further information, see “Note
Fair Value Measurements”
4 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.