U.S. Securities and
Exchange Commission
Washington, D.C. 20549
Form F-X
APPOINTMENT OF AGENT
FOR SERVICE OF PROCESS
AND UNDERTAKING
A. |
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Name
of issuer or person filing (Filer): Enterra Energy Trust |
B. |
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(1)
This is [check one] |
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[X] an
original filing for the Filer |
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[ ] 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) [ ]
C. |
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Identify
the filing in conjunction with which this Form is being filed: |
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Name of registrant: |
Enterra Energy Trust |
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Form type: |
Form F-10 |
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File Number (if known): |
333-129601 |
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Filed by: |
Enterra Energy Trust |
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Dated Filed (if filed concurrently, so indicate): |
Filed concurrently, on November 7, 2005 |
D. |
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The
Filer is incorporated or organized under the laws of the Province of Alberta,
Canada and has its principal place of business at 26th Floor, 500
4th Avenue S.W., Calgary, Alberta, Canada T2P 2V6, telephone
number (403) 263-0262. |
E. |
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The
Filer designated and appoints DL Services Inc. (Agent),
located at 1420 Fifth Avenue, Suite 3400, Seattle, Washington
98101, telephone number (206) 903-8800, as the agent of the Filer
upon whom may be served any process, pleadings, subpoenas, or other papers in |
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(a) |
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any
investigation or administrative proceeding conducted by the Commission; and |
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(b) |
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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 F-10 filed on November 7, 2005 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 20-F or 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 Rule 10a-5 under the Trust Indenture Act of
1939. The Filer stipulates an 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 |
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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. |
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Each
person filing this Form in connection with: |
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(a) |
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the
use of Form F-9, F-10, 40-F, or SB-2 or Schedule 13E-4F, 14D-1F or 14D-9F
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; |
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(b) |
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the
use of Form F-8, Form F-80 or Form CB 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
following the effective date of the latest amendment to such Form F-8,
Form F-80 or Form CB; |
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(c) |
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its
status as trustee with respect to securities registered on Form F-7, F-8,
F-9, F-10, F-80, or SB-2 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 during which any of the securities
subject to the indenture remain outstanding; and |
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(d) |
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the
use of Form 1-A or other Commission form for an offering pursuant to
Regulation A 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 of the
last sale of securities in reliance upon the Regulation A exemption. |
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Each
Filer further undertakes to advise the Commission promptly of any change to the Agents
name and 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. |
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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. |
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
Calgary, Alberta, Canada on November 7, 2005.
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ENTERRA ENERGY TRUST by its Administrator
Enterra Energy Corp. |
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By: /s/ John Kalman
Name:
John Kalman Title:
Chief Financial Officer |
This
statement has been signed by the following persons in the capacities and on the dates
indicated.
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DL SERVICES INC. |
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By: /s/ Anne Crow
Name: Anne Crow
Title: Vice President
Date: November 7, 2005 |