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MTR > SEC Filings for MTR > Form 8-K on 7-Apr-2009All Recent SEC Filings

Show all filings for MESA ROYALTY TRUST/TX | Request a Trial to NEW EDGAR Online Pro

Form 8-K for MESA ROYALTY TRUST/TX


7-Apr-2009

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Stand


Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Standard; Transfer of Listing.

As disclosed by Mesa Royalty Trust (the "Trust") in its press release dated April 6, 2009 and its Notification of Late Filing on Form 12b-25 filed with the Securities and Exchange Commission on March 19, 2009, the Trust was not able to file its Annual Report on Form 10-K for the year ended December 31, 2008 (the "2008 Form 10-K") in a timely manner because of the previously disclosed delay in the completion of reserve information by the Trust's independent reserve engineer for certain non-operated properties in which the Trust has an ownership interest and related preparation of the Trust's fiscal year 2007 financial statements. The Trust filed its Annual Report on Form 10-K for the year ended December 31, 2007 on April 6, 2009. The Trustee is currently working diligently to complete each of the Form 10-Qs for the periods ended March 31, June 30 and September 30, 2008, and the 2008 Form 10-K, and intends to file each of these as promptly as possible.

On April 6, 2009, The Bank of New York Trust Company, N.A., the Trustee of the Trust, informed the New York Stock Exchange, Inc. (the "NYSE") that the Trust failed to file its 2008 Form 10-K timely pursuant to Section 203.01 (Reporting Financial Information to Shareholders) of the NYSE's Listed Company Manual and, as a result, is subject to the procedures under Section 802.01E (SEC Annual Report Timely Filing Criteria) of the NYSE's Listed Company Manual. The Trust received a letter from the NYSE regarding these procedures on April 6, 2009.

The Trust's units remain listed on the NYSE under the symbol MTR, but have been assigned a ".LF" indicator by the NYSE to signify that the Trust is on the "late filer" list. The Trust will remain on the late filer list until such time as the Trust is current with all of its periodic reports filed with the Securities and Exchange Commission. Although the Trust intends to cure the deficiencies and to return to compliance with the NYSE continued listing requirements, there can be no assurance that it will be able to do so. In the event that the Trust is unable to return to compliance with the NYSE continued listing requirements, the NYSE will move forward with the initiation of suspension and delisting procedures.

Pursuant to General Instruction B.2 of Form 8-K and Securities and Exchange Commission Release No. 33-8176, the press release attached as Exhibit 99.1 is not "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, is not subject to the liabilities of that section and is not deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, but is instead furnished for purposes of that instruction.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

Exhibit 99.1 Mesa Royalty Trust Press Release dated April 6, 2009.


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