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8-K - FORM 8-K - HUGOTON ROYALTY TRUST | d625196d8k.htm |
EXHIBIT 99.1
[NEWS RELEASE LETTERHEAD OF HUGOTON ROYALTY TRUST APPEARS HERE]
HUGOTON ROYALTY TRUST
DECLARES NO SEPTEMBER CASH DISTRIBUTION
Dallas, Texas, September 18, 2018 Simmons Bank, as Trustee of the Hugoton Royalty Trust (OTCQX:HGTXU) (the Trust), today declared there would not be a cash distribution to the holders of its units of beneficial interest for September 2018 due to the excess cost positions on all three of the Trusts conveyances of net profits interests. The following table shows underlying gas sales and average prices attributable to the net overriding royalty for both the current month and prior month. Underlying gas sales volumes attributable to the current month were primarily produced in July.
Underlying Gas Sales Volumes (Mcf) (a) |
Average Gas Price per Mcf |
|||||||||||
Total | Daily | |||||||||||
Current Month |
1,123,000 | 36,000 | $ | 2.88 | ||||||||
Prior Month |
1,132,000 | 38,000 | $ | 2.10 | ||||||||
(a) Sales volumes are recorded in the month the Trust receives the related net profits income. Because of this, sales volumes may fluctuate from month to month based on the timing of cash receipts. |
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XTO Energy has advised the Trustee that it has deducted budgeted development costs of $2,188,000, production expense of $1,410,000 and overhead of $981,000 in determining the royalty calculation for the Trust for the current month.
Litigation and Arbitration ProceedingsChieftain
As previously disclosed, XTO Energy advised the Trustee that it has reached a tentative settlement with the plaintiffs in the Chieftain class action royalty case. XTO Energy advised the Trustee that on March 27, 2018, the judge signed orders approving the settlement, including the plaintiffs initial plan to allocate the net settlement fund among the wells covered by the Chieftain class. The portion of the settlement allocable to the Trust cannot be finally determined until after the judge approves the final plan of allocation. On July 27, 2018, plaintiffs submitted their final plan of allocation which was approved by the court on the same date. XTO Energy is analyzing the final plan of allocation to calculate the impact on the Trust and will report to the Trustee when that analysis is complete. XTO Energy has advised the Trustee that depending on its analysis of the final plan of allocation, the portion of the settlement XTO Energy believes should be allocated to the Trust may exceed $20 million. On May 2, 2018, the Trustee submitted a demand for arbitration styled Simmons Bank (successor to Southwest Bank and Bank of America, N.A.) vs. XTO Energy Inc. (the Arbitration) through the
American Arbitration Association seeking a declaratory judgment that the Chieftain settlement is not a production cost and that XTO Energy is prohibited from charging the settlement as a production cost under the conveyance or otherwise reducing the Trusts payments now or in the future as a result of the Chieftain litigation. In the Arbitration, the Trustee also made claims for disputed amounts on the computation of the Trusts net proceeds for 2014 through 2016 in excess of $5 million. XTO Energy filed its Answering Statement denying the Trustees claims. A three-member arbitration panel has been appointed.
Excess Costs
XTO Energy has advised the Trustee that continued low gas prices caused costs to exceed revenues by $1,000 on properties underlying the Kansas net profits interests. Underlying cumulative excess costs remaining on the Kansas net profits interests totaled $1,101,000, including accrued interest of $147,000.
XTO Energy has advised the Trustee that increased budgeted development costs in the current month, primarily due to the projected drilling of four horizontal wells in Major County, Oklahoma during the second half of 2018, caused costs to exceed revenues by $1,452,000 on properties underlying the Oklahoma net profits interests. Underlying cumulative excess costs remaining on the Oklahoma net profits interests totaled $9,811,000, including accrued interest of $0. XTO has advised the Trustee that is has determined not to accrue interest on the Oklahoma excess costs balance at this time.
XTO Energy has advised the Trustee that continued low gas prices and increased budgeted development costs caused costs to exceed revenues by $55,000 on properties underlying the Wyoming net profits interests. Underlying cumulative excess costs remaining on the Wyoming net profits interests totaled $1,011,000, including accrued interest of $11,000.
For more information on the Trust, please visit our web site at www.hgt-hugoton.com.
Statements made in this press release regarding future events or conditions are forward looking statements. Actual future results, including development costs and future net profits, could differ materially due to changes in natural gas prices and other economic conditions affecting the gas industry and other factors described in Part I, Item 1A of the Trusts Annual Report on Form 10-K for the year ended December 31, 2017 and Part II, Item 1A of the Trusts Quarterly Report on Form 10-Q for the quarter ended June 30, 2018.
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Contact: |
Nancy Willis Vice President Simmons Bank, Trustee 855-588-7839 |