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"): Canadian Superior Energy Inc.
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B. (1) This is [check one]
|X| an original filing for the Filer
| | 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. Identify the filing in conjunction with which this Form is being filed:
Name of registrant Canadian Superior Energy Inc.
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Form type Form 40-F
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File Number (if known) 001-31395
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Filed by Canadian Superior Energy Inc.
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Date Filed (if filed concurrently, so indicate) concurrently
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D. The Filer is incorporated under the laws of Canada and has its
principal place of business at Suite 330, 400 3rd Avenue, SW, Calgary,
Alberta, Canada T2P 4H2 (phone: (403) 294-1411).
E. The Filer designates and appoints PTSGE Corp. (Attn: Gary Kocher)
("Agent") located at 925 Fourth Avenue, Suite 2900, Seattle, Washington 98104
(phone: (206) 623-7580) 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 or Columbia,
where the investigation, proceeding or cause of action arises out of or
relates to or concerns (i) 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; (ii) 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 (iii) 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:
(a) the use of Form F-9, F-10, 40-F, or SB-2 or Schedule 13K4-F,
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;
(b) 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;
(c) 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
(d) 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.
Each filer further undertakes to advise the Commission promptly of any change
to the Agent's 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. 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 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, the Province
of Alberta, and Country of Canada this 20th day of May, 2005.
CANADIAN SUPERIOR ENERGY INC.
By: /s/ GREG NOVAL
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Name: Greg Noval
Title: Chief Executive Officer
This statement has been signed by the following persons in the capacities and
on the date indicated.
PTSGE CORP.
By: /s/ GARY KOCHER
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Name: Gary Kocher
Title: Vice President
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