UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS AND UNDERTAKING
- A.
- Name
of issuer or person filing ("Filer"): Pengrowth Energy Trust
- B.
- (1) This
is [check one]
- ý
- an
original filing for the Filer
- o
- an
amended filing for the Filer
- (2)
- Check
the following box if you are filing the Form F-X in paper in accordance with Regulation S-T
Rule 101(b)(9) o
- C.
- Identify
the filing in conjunction with which this Form is being filed:
Name
of registrant: Pengrowth Energy Trust
Form
type: F-10
File
Number (if known): 333-107255
Filed
by: Pengrowth Energy Trust
Date
Filed (if filed concurrently, so indicate) Concurrently
- D.
- The
Filer is incorporated or organized under the laws of (Name of the jurisdiction under whose laws the issuer is organized or incorporated) the Province of Alberta and has its principal place of business
at (Address in full and telephone number):
2900, 111-5th Avenue S.W., Calgary, Alberta T2P 3Y6 Canada
telephone: (403) 233-0224
- E.
- The
Filer designates and appoints Carter Ledyard & Milburn LLP ("Agent") (Name of United States
person serving as agent) located at (Address in full in the United States and telephone number):
2 Wall Street
New York, New York 10005-2072
Telephone: (212) 732-3200
as
the agent of the Filer upon whom may be served any process, pleadings, subpoenas, or other papers in
- (a)
- any
investigation or administrative proceeding conducted by the Commission; and
- (b)
- any
civil suit or action brought against the Filer or to which the Filer has been joined as defendant or respondent, in any appropriate court in any place subject to the jurisdiction
of any state or of the United States or of any of its territories or possessions or of the District of Columbia, where the investigation, proceeding or cause of action arises out of or relates
to or concerns (i) any offering made
or
purported to be made in connection with the securities registered or qualified by the Filer on Form (Name of form) F-10 on (Date) Concurrently or any
purchases or sales of any security in connection therewith; (ii) the securities in relation to which the obligation to file
an annual report on Form 40-F arises, or any purchases or sales of such securities; (iii) any tender offer for the securities of a Canadian issuer with respect to
which filings are made by the Filer with the Commission on Schedule 13E-4F, 14D-1F or 14D-9F; or (iv) the securities in relation to which the Filer
acts as trustee pursuant to an exemption under Rule 10a-5 under the Trust Indenture Act of 1939. The Filer stipulates and agrees that any such civil suit or action or administrative
proceeding may be commenced by the service of process upon, and that service of an administrative subpoena shall be effected by service upon such agent for service of process, and that service as
aforesaid shall be taken and held in all courts and administrative tribunals to be valid and binding as if personal service thereof had been made.
- F.
- Each
person filing this Form in connection with the use of Form F-10 stipulates and agrees to appoint a
successor agent for service of process and file an amended Form F-X if the Filer discharges the Agent or the Agent is unwilling or unable to accept service on behalf of the Filer at
any time until six years have elapsed from the date the issuer of the securities to which such Forms and Schedules relate has ceased reporting under the Exchange Act.
Each
filer further undertakes to advise the Commission promptly of any change to the Agent's name or address during the applicable period by amendment of this Form, referencing the file number of the
relevant form in conjunction with which the amendment is being filed.
- G.
- Each
person filing this Form, other than a trustee filing in accordance with General Instruction I. (a) of this Form, undertakes to make available, in
person or by telephone, representatives to respond to inquiries made by the Commission staff, and to furnish promptly, when requested to do so by the Commission staff, information relating to: the
Forms, Schedules and offering statements described in General Instructions I. (a), I. (b), I. (c), I. (d) and I. (f) of this Form, as applicable; the securities to which such
Forms, Schedules and offering statements relate; and the transactions in such securities.
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The
Filer certifies that it has duly caused this power of attorney, consent, stipulation and agreement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Calgary, Alberta,
Canada this 21st day of July, 2003.
|
|
Pengrowth Energy Trust
Filer |
|
|
By: |
Pengrowth Corporation, Administrator |
|
|
By: |
/s/ JAMES S. KINNEAR James S. Kinnear
President and Chief Executive Officer |
This
statement has been signed by the following persons in the capacity and on the date indicated.
|
|
Carter Ledyard & Milburn LLP
Agent for Service |
July 21, 2003 |
|
By: |
/s/ JOHN K. WHELAN John K. Whelan, a Partner |
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Instructions
- 1.
- The
power of attorney, consent, stipulation and agreement shall be signed by the Filer and its authorized Agent in the United States.
- 2.
- The
name of each person who signs Form F-X shall be typed or printed beneath such person's signature. Any person who occupies more than one of the specified
positions shall indicate each capacity in which such person signs Form F-X. If any name is signed pursuant to a board resolution, a copy of the resolution shall be filed with each
copy of Form F-X. A certified copy of such resolution shall be filed with the manually signed copy of Form F-X. If any name is signed pursuant to a power of
attorney, a copy of the power of attorney shall be filed with each copy of Form F-X. A manually signed copy of such power of attorney shall be filed with the manually signed copy of
Form F-X.
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