Pengrowth Energy Trust announces implementation of Trust Unit capital reclassification
July 13 2004 - 7:56PM
PR Newswire (US)
Pengrowth Energy Trust announces implementation of Trust Unit
capital reclassification Stock Symbol: PGF.UN, TSX; PGH, NYSE
CALGARY, July 13 /PRNewswire-FirstCall/ -- Pengrowth Corporation
(the "Corporation"), administrator of Pengrowth Energy Trust
("Pengrowth Trust") announced today that the reclassification of
the Trust Units of Pengrowth Trust as Class A Trust Units and Class
B Trust Units will be implemented effective 5:00 p.m. Eastern
Daylight Time, July 27, 2004 (the "Effective Time"). Commencing on
July 15, 2004 the Class B Trust Units will trade on a "when issued"
basis on the Toronto Stock Exchange ("TSX") and the Class A Trust
Units will trade on a "when issued" basis on both the TSX and the
New York Stock Exchange ("NYSE"). Settlement of all trades in the
"when issued markets" will occur on July 30, 2004 (the "Settlement
Date") coinciding with both the final settlement date for trades in
existing Trust Units and the record date for payment of the August
distribution by Pengrowth Trust. Trust Units will continue to trade
until the Effective Time and Class A Trust Units and Class B Trust
Units will trade on an ordinary basis thereafter. Pengrowth Trust
has received regulatory approvals with respect to the
reclassification and will amend its Trust Indenture with
Computershare Trust Company of Canada ("Computershare") at the
Effective Time in accordance with the approvals received from the
unitholders on April 22, 2004. Pengrowth Trust anticipates
receiving an advance income tax ruling with respect to the
reclassification although no assurances can be given in this
regard. Implementation of the Reclassification At the Effective
Time each holder of Trust Units who is a Canadian resident will
have the Trust Units held by them reclassified as Class B Trust
Units. Also at the Effective Time, each holder of Trust Units who
is not a Canadian resident will have the Trust Units held by them
reclassified as Class B Trust Units and then immediately converted
into Class A Trust Units. The Class B Trust Units will trade solely
on the TSX (PGF.B). The Class A Trust Units will trade on both the
TSX (PGF.A) and the NYSE (PGH). Most of the Trust Units are
currently held for beneficial owners through the book based system
by intermediaries, including Canadian and U.S. investment dealers,
Canadian Depository for Securities ("CDS") and Depository Trust
Company ("DTC"). CDS has requested that all intermediaries holding
Trust Units respond as to the number of Trust Units that are held
as of the close of business on July 26, 2004 on behalf of clients
who are residents of Canada and on behalf of clients who are not
residents of Canada. All Trust Units held through DTC will be
deemed to be Class A Units as only a small percentage of those
units are believed to be held on behalf of Canadian resident
clients. Pengrowth presently has approximately 1,500 registered
unitholders. In order that Pengrowth and Computershare may
determine the residency of these registered unitholders, a letter
of transmittal will be mailed to each registered holder of Trust
Units which must be returned by the Effective Time. Registered
unitholders who do not return a validly completed and duly executed
letter of transmittal to Computershare, including a section
declaring their residency, on or before the Effective Time will not
receive certificates representing the Class A Trust Units or Class
B Trust Units on the Settlement Date. Similarly, intermediaries who
do not inform CDS as to the number of Trust Units held on behalf of
residents of Canada and non-residents of Canada will not receive
the Class A Trust Units and Class B Trust Units to which they are
entitled on the Settlement Date and will have their existing Trust
Units removed from CDS and placed in certificate form. Registered
unitholders whose residency has not been determined at the
Effective Time, and intermediaries who have not informed CDS at the
Effective Time of the number of Trust Units held on behalf of
residents and non- residents, will continue to hold Trust Units in
the form in existence immediately prior to the Effective Time until
they complete the steps necessary to determine their residency. The
existing Trust Units will be delisted from the Toronto and New York
Stock Exchanges at the Effective Time. FURTHERMORE, DISTRIBUTIONS
ON SUCH TRUST UNITS AFTER THE EFFECTIVE TIME WILL BE WITHHELD AND
HOLDERS OF SUCH TRUST UNITS WILL NOT BE ABLE TO TRADE SUCH TRUST
UNITS AFTER THE EFFECTIVE TIME UNTIL THEIR RESIDENCY IS ESTABLISHED
AND MAY BE SUBJECT TO WITHHOLDING TAXES ON SUCH WITHHELD
DISTRIBUTIONS AT UP TO THE HIGHEST MARGINAL RATE REQUIRED BY THE
INCOME TAX ACT (CANADA). Terms of the Class A and Class B Trust
Units The Class A and Class B Trust Units will have the same rights
as the existing Trust Units to vote, obtain distributions and
participate in the assets of Pengrowth upon the wind-up or
dissolution of Pengrowth and will have the following respective
terms: Class A Trust Units ------------------- - no residency
restriction; - exchangeable for Class B Trust Units provided that
the holder is a resident of Canada and provides a suitable
residency declaration; and - with the exception of any
implementation period, restricted in number to 99.0% of the number
of issued and outstanding Class B Trust Units (the "Ownership
Threshold" - equivalent to 49.75% of all outstanding Trust Units).
Class B Trust Units ------------------- - may only be held by
Canadian residents; and - exchangeable for Class A Trust Units,
provided that the number of outstanding Class A Trust Units does
not exceed the Ownership Threshold following such conversion.
Maintenance of Ownership Threshold after Effective Time Pengrowth
Trust anticipates that the number of outstanding Class A Trust
Units will exceed the Ownership Threshold at the Effective Time.
The latest ADP report dated June 30, 2004 indicated that
approximately 57% of Trust Units were held by non-residents of
Canada. In accordance with the Amended Trust Indenture the Board of
Directors of Pengrowth intends to pursue various actions as
outlined in Pengrowth's March 15, 2004 Information Circular to
bring Pengrowth into compliance with the Ownership Threshold by
December 31, 2004. Further information regarding the
reclassification is contained in the Information Circular of
Pengrowth Trust and the Corporation dated March 15, 2004, which is
available on the SEDAR website at http://www.sedar.com/. Conference
Call and Webcast Pengrowth will be conducting a conference call and
webcast for analysts, brokers, investors and media representatives
regarding the implementation of the reclassification of Trust Unit
capital at 9:00 A.M. Mountain Daylight Time (11:00 A.M. Eastern
Daylight Time) on Wednesday, July 14, 2004. Callers may dial
1-800-814-4941 or Toronto local (416) 640-4127 a few minutes prior
to start and request the Pengrowth conference call. The call will
also be available for replay by dialing 1-877-289-8525 or Toronto
local (416) 640-1917 and entering passcode number 21057187 followed
by the pound key. Interested users of the internet are invited to
go to:
http://www.newswire.ca/en/webcast/viewEvent.cgi?eventID(equal
sign)844140 or http://www.pengrowth.com/ for replay.
Forward-Looking Statements This news release contains certain
forward-looking statements, which are based on Pengrowth's current
internal expectations, estimates, projections, assumptions and
beliefs. Some of the forward-looking statements may be identified
by words such as "expects", "anticipates", "believes", "projects",
"plans" and similar expressions. These statements are not
guarantees of future performance and involve a number of risks and
uncertainties. Such forward-looking statements necessarily involve
known and unknown risks and uncertainties, which may cause
Pengrowth's actual performance and financial results in future
periods to differ materially from any projections of future
performance or results expressed or implied by such forward-looking
statements. These risks and uncertainties include, among other
things, changes in general economic, market and business
conditions; changes or fluctuations in production levels, commodity
prices, currency exchange rates, capital expenditures, reserves or
reserves estimates and debt service requirements; changes to
legislation, investment eligibility or investment criteria;
Pengrowth's ability to comply with current and future environmental
or other laws; Pengrowth's success at acquisition, exploitation and
development of reserves; actions by governmental or regulatory
authorities including increasing taxes, changes in investment or
other regulations; and the occurrence of unexpected events involved
in the operation and development of oil and gas properties. Many of
these risks and uncertainties are described in Pengrowth's Annual
Information Form dated May 17, 2004 and Pengrowth's Management's
Discussion and Analysis. Readers are also referred to risk factors
described in other documents Pengrowth files with the Canadian and
U.S. securities authorities. Copies of these documents are
available without charge from Pengrowth. Pengrowth disclaims any
responsibility to update these forward-looking statements.
PENGROWTH CORPORATION James S. Kinnear, President DATASOURCE:
Pengrowth Energy Trust CONTACT: about Pengrowth, please visit our
website http://www.pengrowth.com/ or contact: Investor Relations,
Calgary, E-mail: , Telephone: (403) 233-0224, Toll Free:
1-800-223-4122, Facsimile: (403) 294-0051; Investor Relations,
Toronto, E-mail: , Telephone: (416) 362-1748, Toll Free:
1-888-744-1111, Facsimile: (416) 362-8191
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