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. This is [check one]
[X] an original filing for the Filer
[ ] an amended filing for the Filer
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):_________________________________________
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):
112-4TH AVENUE S.W., SUITE 700, CALGARY, ALBERTA T2P 0H3 CANADA
TELEPHONE: (403) 233-0224
E. The Filer designates and appoints CARTER, LEDYARD & MILBURN ("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) October 17 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.
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 16TH day
of OCTOBER, 2002.
PENGROWTH ENERGY TRUST By Pengrowth Corporation, Administrator
Filer
By: /s/ James S. Kinnear
-------------------------------------
James S. Kinnear
President and Chief Executive Officer
This statement has been signed by the following persons in the capacities and on
the dates indicated.
CARTER, LEDYARD & MILBURN: By: /s/ John K. Whelan
Agent for Service -------------------------------------
John K. Whelan, a Partner
October 16, 2002
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.