40-F/A 1 d40fa.htm PENN WEST ENERGY TRUST d40fa.htm

 
U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 
FORM 40-F/A
(Amendment No. 1)
 
(Check One)
 
[   ] Registration statement pursuant to Section 12 of the Securities Exchange Act of 1934
 
or
 
[X] Annual report pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934
 
For the fiscal year ended December 31, 2008
 
Commission file number 1-32895
 
 
PENN WEST ENERGY TRUST
(Exact name of registrant as specified in its charter)
 
Alberta, Canada
(Province or other jurisdiction of incorporation or organization)
1311
(Primary Standard Industrial
Classification Code Number (if applicable))
Not applicable
(I.R.S. Employer
Identification Number (if Applicable))

200, 207 9th Avenue S.W. Calgary, Alberta, Canada T2P 1K3
 
(403) 777-2500
 
 (Address and Telephone Number of Registrant’s Principal Executive Offices)
 
DL Services Inc., 1420 Fifth Avenue, Suite 3400, Seattle, WA  98101
(206) 903-5448
(Name, Address (Including Zip Code) and Telephone Number
(Including Area Code) of Agent For Service in the United States)

Securities registered or to be registered pursuant to Section 12(b) of the Act.
 
Title of each class
Trust Units
Name of each exchange on which registered
New York Stock Exchange
 
Securities registered or to be registered pursuant to Section 12(g) of the Act:  None
 
Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act:  None
 
For annual reports, indicate by check mark the information filed with this Form:
 
[X] Annual Information Form
 
[X] Audited Annual Financial Statements
Indicate the number of outstanding shares of each of the issuer’s classes of capital or common stock as of the close of the period covered by the annual report:  242,663,164
 
Indicate by check mark whether Penn West: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the preceding 12 months (or for such shorter period that Penn West was required to file such reports); and (2) has been subject to such filing requirements for the past 90 days.
 
Yes  X _                                No___
 
 
 

 

EXPLANATORY NOTE
 
Penn West Energy Trust (“Penn West”) is filing this Amendment No. 1 to its Annual Report on Form 40-F for the fiscal year ended December 31, 2008 (the “Form 40-F”) for the purpose of correcting several typographical errors included in Penn West’s Annual Information Form dated March 26, 2009 (the “Original AIF”), which was filed as Exhibit 99.1 to the Form 40-F.  Penn West is amending the Form 40-F in order to amend and restate Exhibit 99.1 thereto.
 
The typographical errors that are being corrected by this Amendment No. 1 appear in the table located on page 12 of Appendix A-3 of the Original AIF, under the column heading "Proved Plus Probable Gross Reserves as at December 31, 2008" and opposite the rows titled "Southern", "Central" and "Northern".  Although the numbers themselves are correct: (i) the proved plus probable gross reserves numbers for the "Southern" area incorrectly appear opposite the "Northern" row heading; (ii) the proved plus probable gross reserves numbers for the "Central" area incorrectly appear opposite the "Southern" row heading; and (iii) the proved plus probable gross reserves numbers for the "Northern" area incorrectly appear opposite the "Central" row heading.  The total proved plus probable gross reserves numbers as at December 31, 2008 in the table in the Original AIF are correct.
 
Other than as expressly set forth above or contained herein, this Amendment No. 1 does not, and does not purport to, update or restate the information in any Item of the Form 40-F or reflect any events that have occurred after the Form 40-F was initially filed.
 

 
 

 

UNDERTAKING AND CONSENT TO SERVICE OF PROCESS
 
A.
Undertaking.
 
Penn West undertakes to make available, in person or by telephone, representatives to respond to inquiries made by the Securities and Exchange Commission (the “Commission”) staff, and to furnish promptly, when requested to do so by the Commission staff, information relating to:  the securities registered pursuant to Form 40-F; the securities in relation to which the obligation to file an annual report on Form 40-F arises; or transactions in said securities.
 
B.
Consent to Service of Process.
 
Penn West has previously filed a Form F-X in connection with the class of securities in relation to which the obligation to file this report arises.
 
Any change to the name or address of the agent for service of process of Penn West shall be communicated promptly to the Commission by an amendment to the Form F-X referencing the file number of Penn West.
 
SIGNATURES
 
Pursuant to the requirements of the Exchange Act, Penn West certifies that it meets all of the requirements for filing on Form 40-F and has duly caused this annual report to be signed on its behalf by the undersigned, thereunto duly authorized, on September 15, 2009.
 
 
 
PENN WEST ENERGY TRUST
By:  Penn West Petroleum Ltd., its administrator
 
By:           /s/ William E. Andrew
Name:   William E. Andrew
Title:     Chief Executive Officer
 

 
 

 

EXHIBIT INDEX

Exhibit
Description
   
99.1
Revised Annual Information Form for the fiscal year ended December 31, 2008
 
     
99.2*
Management’s Discussion and Analysis of Financial Condition and Results of Operations for the fiscal year ended December 31, 2008
 
     
99.3*
Consolidated Financial Statements for the fiscal year ended December 31, 2008
 
     
99.4*
Supplemental Note to the Consolidated Financial Statements relating to the reconciliation of Canadian and United States Generally Accepted Accounting Principles
 
     
99.5
Certification of Chief Executive Officer pursuant to Rule 13a-14(a) or 15d-14 of the Securities Exchange Act of 1934
 
     
99.6
Certification of Chief Financial Officer pursuant to Rule 13a-14(a) or 15d-14 of the Securities Exchange Act of 1934
 
     
99.7*
Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350
 
     
99.8*
Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350
 
     
99.9*
Consent of KPMG LLP
   
99.10*
Consent of GLJ Petroleum Consultants Ltd.
   
99.11*
Consent of Sproule Associates Limited
 
 
_________________________
*Previously filed.