EX-99.4 7 a2212298zex-99_4.htm EX-99.4
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Exhibit 99.4

NOTICE OF GUARANTEED DELIVERY
For Exchange of up to 3,197,385 Depositary Units
of
EASTERN AMERICAN NATURAL GAS TRUST
a Delaware statutory trust
for
up to 4,120,059 Common Units
of
ECA MARCELLUS TRUST I
Pursuant to the Offer to Exchange
Dated                    , 2013
by
ENERGY CORPORATION OF AMERICA

THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 5:00 P.M., NEW YORK CITY TIME, AT THE END OF THE DAY ON                    , 2013, UNLESS THE OFFER IS EXTENDED OR EARLIER TERMINATED.

        This Notice of Guaranteed Delivery, or one substantially in the form hereof, must be used to accept the Offer (as defined below) if (i) certificates representing NGT Depositary Units of Eastern American Natural Gas Trust, a Delaware statutory trust, are not immediately available or (ii) time will not permit all required documents to reach American Stock Transfer & Trust Company (which we refer to as the "Depositary") prior to the expiration of the Offer. This Notice of Guaranteed Delivery may be delivered by mail, facsimile transmission or overnight courier to the Depositary. See the section captioned "The Offer—Guaranteed Delivery" in the Offer to Exchange (as defined below).

The Depositary for this Offer is:

American Stock Transfer & Trust Company, LLC

If Delivering by Mail:   If Delivering by Hand or Courier:

American Stock Transfer & Trust Company, LLC
Operations Center
Attn: Reorganization Department
P.O. Box 2042
New York, New York 10272-2042

 

American Stock Transfer & Trust Company, LLC
Operations Center
Attn: Reorganization Department
6201 15th Avenue
Brooklyn, New York 11219

Phone:  Toll-free (877) 248-6417
(718) 921-8317
Fax (718) 234-5001

        DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY TO AN ADDRESS, OR TRANSMISSION OF INSTRUCTIONS VIA FACSIMILE TRANSMISSION, OTHER THAN AS SET FORTH ABOVE, WILL NOT CONSTITUTE A VALID DELIVERY.

        THIS FORM IS NOT TO BE USED TO GUARANTEE SIGNATURES. IF A SIGNATURE ON A LETTER OF TRANSMITTAL IS REQUIRED TO BE GUARANTEED BY AN ELIGIBLE INSTITUTION (AS DEFINED IN THE SECTION OF THE OFFER TO EXCHANGE CAPTIONED "THE OFFER—WITHDRAWAL RIGHTS") UNDER THE INSTRUCTIONS THERETO, SUCH SIGNATURE GUARANTEE MUST APPEAR IN THE APPLICABLE SPACE PROVIDED IN THE SIGNATURE BOX ON THE APPROPRIATE LETTER OF TRANSMITTAL.

        The Eligible Institution that completes this form must communicate the guarantee to the Depositary and must deliver the Letter of Transmittal (as defined below) or an Agent's Message (as


defined in Instruction 2 of the Letter of Transmittal) and certificates for NGT Depositary Unit (as defined below) to the Depositary within the time period shown herein. Failure to do so could result in a financial loss to such Eligible Institution.

Ladies and Gentlemen:

        The undersigned hereby tenders to Energy Corporation of America, a West Virginia corporation ("ECA"), upon the terms and subject to the conditions set forth in the Offer to Exchange, dated                    , 2013 (as it may be amended or supplemented from time to time, the "Offer to Exchange"), and the related Letter of Transmittal (as it may be amended or supplemented from time to time, the "Letter of Transmittal" which, together with the Offer to Exchange, constitutes the "Offer"), receipt of which is hereby acknowledged, the number of depositary trust units (which we refer to as "NGT Depositary Units"), of Eastern American Natural Gas Trust, a Delaware statutory trust, specified below, pursuant to the guaranteed delivery procedure set forth in the section of the Offer to Exchange captioned "The Offer—Guaranteed Delivery."

        NGT trust units consist of both NGT Depositary Units, which consist of one trust unit and a $20.00 beneficial interest in a $1,000 face amount zero coupon United States Treasury Obligation (the "Treasury Obligation"), and trust units decoupled from the Treasury Obligation. The Amended and Restated Trust Agreement prohibits the transfer of NGT Decoupled Trust Units. In accordance with the depositary agreement governing the NGT Depositary Units, a tender of NGT Depositary Units for exchange may be made only in denominations of 50 or an integral multiple thereof.


Number of NGT Depositary Units and Certificate No(s)
(if available)
   

  

Name of Tendering Institution:    

DTC Account Number:    

Dated:     

      


Name(s) of Record Holder(s):    

  


  

(Please Type or Print)

Address(es):    

Area Code and Tel. No.:    

Signature(s):    




    GUARANTEE
    (Not to be used for signature guarantee)

            The undersigned, an Eligible Institution, hereby represents and guarantees (i) that the above named person(s) "own(s)" the NGT Depositary Units tendered hereby within the meaning of Rule 14e-4 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), (ii) that the tender of NGT Depositary Units effected hereby complies with Rule 14e-4 under the Exchange Act and (iii) delivery to the Depositary, at one of its addresses set forth above, of certificates representing the NGT Depositary Units tendered hereby, in proper form for transfer, together with a properly completed and duly executed Letter of Transmittal (or facsimile thereof), together with any other documents required by the Letter of Transmittal, all within three (3) business days after the date hereof.

Name of Firm:

 

  


 


(Authorized Sig- nature)

Address:     

  Name:       

 


 

Title:

 

    

Area Code and Tel. No.     

  Date:       

NOTE: DO NOT SEND CERTIFICATES REPRESENTING TENDERED NGT DEPOSITARY UNITS WITH THIS NOTICE. CERTIFICATES REPRESENTING TENDERED NGT DEPOSITARY UNITS SHOULD BE SENT WITH YOUR LETTER OF TRANSMITTAL.




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NOTICE OF GUARANTEED DELIVERY For Exchange of up to 3,197,385 Depositary Units of EASTERN AMERICAN NATURAL GAS TRUST a Delaware statutory trust for up to 4,120,059 Common Units of ECA MARCELLUS TRUST I Pursuant to the Offer to Exchange Dated , 2013 by ENERGY CORPORATION OF AMERICA