Numac Energy Inc. - MRRS Decision
Headnote
Mutual Reliance Review System for Exemptive Relief Applications - Decision deeming a corporation to be no longer areporting issuer following the acquisition of all of its securities by another issuer.
Applicable Ontario Statutory Provisions
Securities Act, R.S.O. 1990, c.S.5, as am., s.83.
IN THE MATTER OF
THE SECURITIES LEGISLATION
OF ALBERTA, SASKATCHEWAN, ONTARIO,
QUÉBEC, NOVA SCOTIA AND NEWFOUNDLAND
AND
IN THE MATTER OF
THE MUTUAL RELIANCE REVIEW SYSTEM
FOR EXEMPTIVE RELIEF APPLICATIONS
AND
IN THE MATTER OF
NUMAC ENERGY INC.
MRRS DECISION DOCUMENT
1. WHEREAS the local securities regulatory authority or regulator (the "Decision Maker") in each of the provincesof Alberta, Saskatchewan, Ontario, Québec, Nova Scotia and Newfoundland (the "Jurisdictions") has receivedan application from Numac Energy Inc. (the "Filer") for a decision under the securities legislation of theJurisdictions (the "Legislation") that the Filer be deemed to have ceased to be a reporting issuer under theLegislation;
2. AND WHEREAS under the Mutual Reliance Review System for Exemptive Relief Applications (the "System")the Alberta Securities Commission is the principal regulator for this application;
3. AND WHEREAS the Filer has represented to each Decision Maker that:
3.1 the Filer was continued under the Business Corporations Act (Alberta) on December 5, 1991, is areporting issuer in each of the Jurisdictions and is not in default of any of the requirements of theLegislation;
3.2 on October 8, 1993, the Filer became a reporting issuer in Alberta by virtue of receiving a receipt fora final prospectus;
3.3 the Filer's head office is located in Calgary, Alberta;
3.4 the authorized share capital of the Filer consists of an unlimited number of common shares (the"Numac Shares") of which 96,665,612 are issued and outstanding, an unlimited number of firstpreferred shares and an unlimited number of second preferred shares;
3.5 no first preferred shares or second preferred shares of the Filer are outstanding;
3.6 AXL Acquisition Corp. ("AXL"), an indirect wholly-owned subsidiary of Anderson Exploration Ltd. madean offer dated January 19, 2001, to purchase all of the Numac Shares, which was followed by acompulsory acquisition transaction;
3.7 AXL is now the sole security holder of the Filer;
3.8 the Numac Shares were delisted from The Toronto Stock Exchange and The American StockExchange and no securities of the Filer are listed or quoted on any exchange or market;
3.9 the Filer has no other securities, including debt securities, outstanding; and
3.10 the Filer does not intend to seek public financing by way of an offering of its securities;
4. AND WHEREAS under the System, this MRRS Decision Document evidences the decision of each DecisionMaker (collectively, the "Decision");
5. AND WHEREAS each Decision Maker is satisfied that the test contained in the Legislation that provides theDecision Maker with the jurisdiction to make the Decision has been met;
6. THE DECISION of each Decision Maker under the Legislation is that the Filer is deemed to have ceased to bea reporting issuer under the Legislation.
DATED at the City of Calgary, in the Province of Alberta, this 7th day of March, 2001.
"David C. Linder"