Item 1A. Risk Factors
Item 1A. Risk Factors.
Except as provided below, there have not
been any material changes from the risk factors previously disclosed in the Trust’s response to Item 1A to Part I of
the Form 10-K.
The COVID-19 pandemic could materially adversely affect
proceeds to the Trust and cash distributions to unitholders.
The recent
outbreak of the novel form of coronavirus known as COVID-19 and its development into a global pandemic has had, and
continues to have, a negative impact on worldwide economic and commercial activity and financial markets, as well as global
demand for crude oil and natural gas. The West Texas Intermediate spot price of crude oil has declined since the
beginning of 2020, from $63.27 per barrel on January 6, 2020 to $38.79 on November 5, 2020. During this time frame,
the monthly average price, which is the base price that crude oil sales are based on, reached a low of $16.70 for
April 2020. The decline in oil prices is primarily attributable to the economic effects of the COVID-19 pandemic and the
dispute over production levels between Russia and the members of the Organization of Petroleum Exporting Countries
(“OPEC”), which resulted in an oversupply of crude oil and exacerbated the decline in crude oil prices.
COVID-19 and the responses by federal, state and local governmental authorities to the pandemic have also resulted in
significant business and operational disruptions, including business closures, supply chain disruptions, travel
restrictions, stay-at-home orders and limitations on the availability of workforces. The full impact
of COVID-19 is unknown and is rapidly evolving. The extent to which COVID-19 negatively impacts the
operators of and production from the underlying properties will depend on the severity, location and duration of the effects
and spread of COVID-19, the actions undertaken by federal, state and local governments and health officials to
contain the virus or treat its effects, and how quickly and to what extent economic conditions improve and normal business
and operating conditions resume. A prolonged period of low crude oil prices will adversely affect the operators of the
underlying properties. As a result of the decreased price of crude oil during the second quarter of 2020, there was no
distribution made to unitholders in the third quarter of 2020. If commodity prices for crude oil remain at reduced levels,
quarterly cash distributions to unitholders will be substantially lower than historical distributions, and in certain periods
there may be no distribution to unitholders. Continued low prices of oil may
ultimately reduce the amount of oil that is economic to produce from the underlying properties. As a result, the operator of
the underlying properties could determine, during periods of low commodity prices, to shut in or curtail production on the
underlying properties. In addition, the operator of the underlying properties could determine, during periods of low
commodity prices, to plug and abandon marginal wells that otherwise may have been allowed to continue to produce for a longer
period under conditions of higher prices.
To the extent COVID-19 adversely affects
production from the underlying properties or the business, results of operations and financial condition of the operators of the
underlying properties, it may also have the effect of heightening many of the other risks described in the Form 10-K.
The ability or willingness of OPEC and other oil exporting
nations to set and maintain production levels has a significant impact on oil and natural gas commodity prices, which could reduce
the amount of cash available for distribution to Trust unitholders.
OPEC is an intergovernmental organization
that seeks to manage the price and supply of oil on the global energy market. Actions taken by OPEC members, including those taken
alongside other oil exporting nations, have a significant impact on global oil supply and pricing. For example, OPEC and certain
other oil exporting nations have previously agreed to take measures, including production cuts, to support crude oil prices. In
March 2020, members of OPEC and Russia considered extending and potentially increasing these oil production cuts. However,
those negotiations were unsuccessful. As a result, Saudi Arabia announced an immediate reduction in export prices and Russia announced
that all previously agreed upon oil production cuts would expire on April 1, 2020. These actions led to an immediate and steep
decrease in oil prices, which reached a closing NYMEX price low of negative $37.63 per Bbl of crude oil in April 2020. Although
OPEC has since agreed to certain production cuts, prices in the oil and gas market have remained depressed, as the oversupply and
lack of demand in the market persist. There can be no assurance that OPEC members and other oil exporting nations will agree to
future production cuts or other actions to support and stabilize oil prices, nor can there be any assurance that they will not
further reduce oil prices or increase production. Uncertainty regarding future actions to be taken by OPEC members or other oil
exporting countries could lead to increased volatility in the price of oil, which could adversely affect the financial condition
and economic performance of the operators of the underlying properties and may reduce the net proceeds to which the Trust is entitled,
which could materially reduce or completely eliminate the amount of cash available for distribution to Trust unitholders.
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Item 6. Exhibits.
The exhibits listed below are filed or
furnished as part of this Quarterly Report on Form 10-Q.
Exhibit
Number
Description
31
Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
32
Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
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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.
VOC ENERGY
TRUST
By:
The Bank
of New York Mellon Trust Company, N.A., as Trustee
By:
/s/
Michael J. Ulrich
Michael J. Ulrich
Vice President
Date: November 9, 2020
The Registrant, VOC Energy Trust, has no
principal executive officer, principal financial officer, board of directors or persons performing similar functions. Accordingly,
no additional signatures are available and none have been provided. In signing the report above, the Trustee does not imply that
it has performed any such function or that such function exists pursuant to the terms of the Trust Agreement under which it serves.
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Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.