U.S. 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"): ENCANA CORPORATION
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: ENCANA CORPORATION
Form type: FORM F-9
File Number (if known):
Filed by: ENCANA CORPORATION
Date Filed (if filed
concurrently, so indicate): SEPTEMBER 1, 2004
(CONCURRENTLY WITH FORM F-9)
D. The Filer is incorporated or organized under the laws of CANADA
and has its principal place of business at:
1800, 855 - 2ND STREET S.W.
CALGARY, ALBERTA
T2P 2S5
CANADA
(403) 645-2000
E. The Filer designates and appoints CT Corporation System ("Agent"),
located at:
CT CORPORATION SYSTEM
111 EIGHTH AVENUE
NEW YORK, NEW YORK 10011
TELEPHONE: (212) 894-8940
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
Securities and Exchange Commission ("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-9 on September 1, 2004 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. The Filer 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 Filer has
ceased reporting under the Securities Exchange Act of 1934. The 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. The Filer 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 Form F-9, the securities to which the Form F-9 relates, 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, Province of
Alberta, Country of Canada, on this 1st day of September, 2004.
Filer: ENCANA CORPORATION
By: /s/ John D. Watson
---------------------------------------
Name: John D. Watson
Title: Executive Vice-President &
Chief Financial Officer
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This statement has been signed by the following person in the capacity
and on the date indicated.
CT CORPORATION SYSTEM
As Agent for Service of Process for
EnCana Corporation
By: /s/ Renee Haggerty
---------------------------------------
Name: Renee Haggerty
Title: Assistant Secretary
Date: September 1, 2004