Item 8.01 Other Events.
The Court held a hearing on the Petition on December 30, 2021 (the "Hearing
Date"). On the Hearing Date, the Court found good cause to hear the matter on
such date. The Court further found: (i) Notice of Hearing was adequately given
to all Unitholders; (ii) the value of the Trust's property is insufficient to
justify the cost of administration; (iii) the Trust's termination will further
the Trust's purposes and is in accord with the Trustor's probable intentions;
(iv) the Trustee's actions taken to sell the Trust assets are approved,
ratified, and confirmed; (v) the Letter Agreement with Navajo Transitional
Energy Company, LLC ("NTEC"), a copy of which was filed by the Trust as Exhibit
10.1 to the Current Report on Form 8-K with the SEC on August 3, 2021, is
approved, ratified, and confirmed; (vi) the auction process to sell the
remaining Trust properties to Spartan Energy, LLC ("Spartan"), as further
described in the Current Report on Form 8-K filed by the Trust with SEC on
October 5, 2021, should be accepted by the Trustee and the Trustee should pay
certain auction related expenses, as described in the Petition, and the Trustee
should be authorized and ordered to complete the sale; and (vii) after
completion of the anticipated transactions, payment of all expenses, costs, and
professional fees, and distribution of any remaining trust funds to the
Unitholders, the Trustee will be discharged of its duties and released from any
further liability to any interested parties related to its actions as Trustee
and its actions in liquidating and terminating the Trust.
2
After the Hearing Date, there is a 30 day appeal process from the date of entry
of the Order dated December 30, 2021. The Trust does not intend to take any
actions before the 30 day appeal period expires.
On or about February 1, 2022, the Trust intends to close the transactions
contemplated with NTEC and Spartan and pay all outstanding costs and expenses.
After taking such actions, the Trust believes payment of its expenses will
exhaust all of the Trust's available cash and does not believe there will be any
proceeds available for distribution to the Unitholders. Thereafter, the Trustee
intends to take all actions necessary to liquidate and terminate the Trust.
3
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