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HomeMy WebLinkAbout953415CANADA PROVINCE OF ALBERTA TO WIT: NOTARIAL CERTIFICATE RECEIVED 5/12/2010 at 10:46 AM RECEIVING 953415 BOOK: 747 PAGE: 122 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 122 I, the undersigned, RACHEL L. DESROCHES a Notary Public in and for the Province of Alberta, Country of Canada, hereby certify that the attached are true and correct copies of the: Letter from the Montana Secretary of State approving the filing of the merger of Entech Gas Ventures, Inc. "Entech the Montana Power Gas Company "MPGas and Xeno, Inc. "Xeno into North American Resources Company "Narco Articles of Merger of Entech, MPGas, Xeno and Narco, Plan of Merger, clause 5 of which states that the surviving corporation's Articles of Incorporation will be amended to change the name of the surviving corporation to PanCanadian Energy Resources Inc., and Addendum to Articles of Merger, the said copies having been compared by me with the original document and found to be true in every respect. AN ACT WHEREOF BEING REQUESTED, I have granted the same under my notarial form and seal of office to serve and avail as occasion shall or may require. IN WITNESS WHEREOF I have hereunto set my hand and seal at Calgary, Alberta, Canada, this 11 day of January 2002. H:tCORPSECNbtary 4OTCERT dimmer Narcodoc 11111 IMAM II 11111111111 11111111111 filif iFHUli111l1 RECORDED 1/31/2002 AT 09.00 AM REC* 1353207 BKO 0669 PGM 0531 LORETTA BAILIFF, CLERK of SWEETWATER COUNTY, WY Pogo 1 of 5 Business Services Bureau Pat Haffey, Deputy ROBERT T LINCOLN DUNNINGTON BARTHOLOW MILLER 666 THIRD AVENUE NEW YORK NY 10017 -5683 Sincerely, Bob Brown Secretary of State Enclosure e SECRETARY OF STATE STATE OF MONTANA BOB BROWN 041,')123 PRIORITY Montana State Capitol PO Box 202801 Helena, MT 59620 -2801 (406)444 -3665 http: /www. state.mt.us /sos/ RE: OF ENTECH. GAS VENTURES, I1N3 MONtAI i..; POWER GAS NORTH LRTC RES0VRCES COMPANY ARTICLE OFF:MERGER; Date cif..Filing:. cember 28;:'2001. Filing NUMber. D05 38:576 January 8, 2002 Dear Mr. Lincoln: I've approved the filing of the documents for the above named entity. The document number and filing date have been recorded on the original document. This letter serves as your certificate of filing and should be maintained in your files for future reference. Thank you for giving this office the opportunity to serve you. If you have any questions in this regard, or need additional assistance, please do not hesitate to contact the Business Services Bureau professionals at (406) 444 -3665. 111111111111111i1111011 NUB 11111111111111111111 RECORDED 1/31/2002 AT 09 AM RECO 1353287 BKM 0669 PCM 9532 LORETTA BAILIFF, CLERK of SWEETWATER COUNTY, WY Fag* 2 of 5 You can correspond with our office via facsimile. Our fax number is (406) 444 -3976. You can now fax in your search, copy, and certificate requests. To the Secretary of State State of Montana ARTICLES OF MERGER OF ENTECH GAS VENTURES, INC., THE MONTANA POWER GAS COMPANY, XENO, INC. AND NORTH AMERICAN RESOURCES COMPANY 31 STATE OF MONTANA FILED UL 23 2001�o. SECRETARY OF STATE c o 5--, ery Pursuant to the provisions of the Montana Business Corporation Act, the undersigned Montana business corporations do hereby submit the following Articles of Merger. 1. Annexed hereto and made a part hereof is a Plan of Merger for merging Entech Gas Ventures, Inc., The Montana Power Gas Company and Xeno, Inc. with and into North American Resources Company, as approved by the Board of Directors of all of the corporations on December 19, 2001. PanCanadian Energy Inc., a Delaware corporation, as the holder of all of the issued and outstanding shares of each of the four corporations party to the mergers, approved the Plan of Merger on December 19, 2001 and waived the requirements of mailing a copy of the Plan of Merger. 2. The aforesaid PIan of Merger was adopted in accordance with the provisions of Section 35 -1 -813 of the Montana Business Corporation Act on December 19, 2001. 3. The effective time and date of the mergers herein provided for shall be 11:00 p.m on December 31, 2001. Executed on December o10 2001 ENTECH GAS VENTURES, INC. XENO, INC. By: 0/IMh Name of offic r: Rachel Desroches Title of officer: Assistant Secretary By: THE MONTANA POWER GAS COMPANY el U .zvAle.Gxv 3 Name of officer: Rachel Desroches Title of officer: Assistant Secretary By: "(OA -1444 Name of officer: Rachel Desroches Title of officer: Assistant Secretary NORTH AMERICAN RESOURCES COMPANY By: i i0mAttbito Name of officer: Rachel Desroches Tide of officer: Assistant Secretary 111111 11111 11111 I b it 1111111111 11111 11111 1111111 1111111111 11111111111111111 1111 RECORDED I/31/2002 AT 09:00 AN RECO 1353207 BKO 0669 PGN 8533 LORETTA BAILIFF, CLERK of SIJEETWATER COUNTY, WY Page 3 of 5 PLAN OF MERGER a.25 1. Entech Gas Ventures, Inc., a business corporation of the State of Montana, "EGVI The Montana Power Gas Company, a business corporation of the State of Montana "MPGC") and Xeno, Inc., a business corporation of the State of Montana "Xeno are hereby merged with and into North American Resources Company, a business corporation of the State of Montana "NARCO pursuant to the provisions of Section 35 -1 -813 of the Montana Business Corporation Act. All of the issued and outstanding shares of EGVI, MPGC, Xeno and NARCO are owned by PanCanadian Energy Inc. a business corporation of the State of Delaware. 2. The separate existence of EGV1, MPGC and Xeno shall cease at the effective time and date of the mergers, and NARCO shall continue its existence as the surviving corporation pursuant to the provisions of the Montana Business Corporation Act. 3. The issued shares of EGVI, MPGC and Xeno shall not be converted in any manner, but each said share, which is issued at the effective time and date of the mergers, shall be surrendered and extinguished. 4. The Articles of Incorporation of the surviving corporation, as now in force and effect, shall continue to be the Articles of Incorporation of said surviving corporation, except as amended in accordance with paragraph 5 below, and said Articles of Incorporation as so amended shall continue in full force and effect until further amended and changed in the manner prescribed by the provisions of the Montana Business Corporation Act. 5. At the effective time of the mergers Article 1 of the surviving corporation's Articles of Incorporation will be amended to change the name of the surviving corporation to PanCanadian Energy Resources Inc. 6. The present by -laws of the surviving corporation will be the by -laws of said surviving corporation and will continue in full force and effect until changed, altered, or amended as therein provided and in the manner prescribed by the provisions of the Montana Business Corporation Act. 7. The directors and officers in office of the surviving corporation at the effective time of the mergers shall remain and be the members of the Board of Directors and the officers of the surviving corporation, all of whom shall hold their directorships and offices until the election and qualification of their respective successors or until their tenure is otherwise terminated in accordance with the by -laws of the surviving corporation. 8. The Board of Directors and the proper officers of each of EGVI, MPGC, Xeno and NARCO are hereby authorized, empowered, and directed to do any and all acts and things, and to make, execute, deliver, file, and /or record any and all instruments, papers, and documents which shall be or become necessary, proper, or convenient to carry out or put into effect any of the provisions of this Plan of Merger or of the mergers herein provided for. 11111111111111111 111111111111111111i IAll 11111101111111 110111011111111111 RECORDED 1/31/2002 AT 09 m0 An RECN t353207 BKN 0669 PG* 8533 LORETTA BAILIFF, CLERK of SWEETWATER COUNTY, WY Page 16:11 DEC 28, 2001 TEL N0: 212 894 -8888 P. \RTLFILES \PANCDN \Nano \Pecs \Addendum Act- mcrger.da282001.versson #3 doc ADDENDUM TO ARTICLES OF MERGER The Plan of Merger for merging En tech Gas Ventures, Inc., The Montana Power Gas Company and Xeno, Inc. with and into North American Resources Company, was approved by the Unanimous Wntten Consents of the respective Board of Directors of all of the corporations on December 19, 2001. PanCanadian Energy Inc., a Delaware corporation, "PEI as the holder of all of the issued and outstanding shares of each of the four corporations party to the merger approved the Plan of Merger on December 19, 2001 by Written Consent of the Sole Shareholder. PEI (a) owns 10 shares of common stock of Entech Gas Ventures, Inc. and voted all such shares in favor of the Plan of Merger; (b) owns 10 shares of common stock of The Montana Power Gas Company and voted all such shares in favor of the Plan of Merger, (c) owns 300 shares of common stock of Xeno, Inc. and voted all such shares in favor of the Plan of Merger; and (d) owns 49,000 shares of common stock of North American Resources Company and voted all such shares in favor of the Plan o E Merger. 1111111101111111111 110 I0111111101111111111111111111111111 RECORDED 1/31/2002 AT 09:00 AM RECO 1353207 BK0 0669 PG* 8535 LORETTA BAILIFF, CLERK of SWEETWATER COUNTY, WY Page 5 of 5 126 *206424 PAGE: 2/2 ':427 STATE OF WYOMING S COUNTY OF SWEETWATER I, Steven Dale Davis, County Clerk within and for the County and State aforesaid do he heretv certify, t�foe o' to be t ue and complete copy of �l ��aTQ IN TESTIMONY WHEREOF, 1 have hereunto subscribed my hand and affixed the official seal of said Cg�nty, at my office in Green River, Wyoming 4 his day of A.D. Z71,0 STEVEN DALE DAVIS COUNTY CLERK B N\ AW (s\a0 Deputy