- Appointment of Agent for Service of Process and Undertaking (F-X)
22 Gennaio 2009 - 12:01PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS AND
UNDERTAKING
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Name of issuer or person filing (Filer):
PRECISION DRILLING TRUST
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B.
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This is [check one]
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an original filing for the Filer
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o
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an amended filing for the Filer
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C.
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Identify the filing in conjunction with which this Form is being filed:
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Name of registrant
PRECISION DRILLING TRUST
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Form type
F-10
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File Number (if known)
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Filed by
PRECISION DRILLING TRUST
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Date Filed (if filed concurrently, so indicate:
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January 21, 2009 (FILED CONCURRENTLY WITH REGISTRATION STATEMENT ON FORM F-10)
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D.
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The Filer is incorporated or organized under the laws of
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ALBERTA, CANADA
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and has its principal place of business at
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T4200, 150-6th Avenue S.W.
Calgary, Alberta, Canada
T2P 3Y7
Telephone: (403) 716-4500
E.
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The Filer designates and appoints
PRECISION LOBOS CORPORATION
(Agent) located at
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10370 Richmond Avenue, Suite 600
Houston, Texas 77042
Attention: Secretary
Telephone: (713) 435-6100
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as the agent of the Filer upon whom may be served any process, pleadings, subpoenas, or other
papers in
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(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 F-10 on June 18, 2008 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 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 the 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, or 40-F 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, or F-80 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 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.
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G.
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Each person filing this Form, other than a trustee filing in accordance with General
Instruction I.(e) of this Form, undertakes to make available, in person or by telephone,
representatives to respond to
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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, Country of Canada this
21
st
day of June, 2008.
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Filer:
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PRECISION DRILLING TRUST,
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by its authorized representative
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Precision Drilling Corporation
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By:
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/s/ Doug Strong
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Name:
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Doug Strong
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Chief Financial Officer
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This statement has been signed by the following person in the capacity and on the date indicated.
PRECISION LOBOS CORPORATION
As authorized agent of Precision Drilling Trust
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By:
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/s/ Kenneth J. Haddad
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Name:
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Kenneth J. Haddad
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Title:
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Vice President
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Date:
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January 21, 2009
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3
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