EX-99.4 10 a2177471zex-99_4.htm EX-99.4
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EXHIBIT 99.4


Form of
Notice of Guaranteed Delivery
(not to be used for signature guarantees)
of
Shares of Common Stock of
The Houston Exploration Company

        This form or a facsimile hereof must be used in connection with your election if:

    (1)
    certificates for shares of common stock of The Houston Exploration Company ("Houston Exploration Shares") are not immediately available or cannot be delivered to Mellon Investor Services LLC, the Exchange Agent, prior to 5:00 p.m. Eastern time on June 5, 2007 (the "Election Deadline") or

    (2)
    the procedure for book-entry transfer cannot be completed prior to the Election Deadline.

        This form, properly completed and duly executed, may be delivered by hand, mail or facsimile transmission to the Exchange Agent.

The Exchange Agent is:

Mellon Investor Services LLC

By Overnight Delivery and Hand Delivery   By Mail:

Newport Office Center VII

 

P.O. Box 3001
480 Washington Boulevard   South Hackensack
Mail Drop—Reorg   New Jersey 07606
Attn: Reorganization Dept., 27th Floor   Attn: Reorganization Dept.
Jersey City, NJ 07310    

Facsimile Transmission:
(201) 680-4626

Confirm Receipt of Facsimile
By Telephone:
(201) 680-4860

DELIVERY OF THIS INSTRUMENT TO AN ADDRESS OTHER THAN AS SET FORTH ABOVE OR TRANSMISSION OF THIS INSTRUMENT VIA A FACSIMILE NUMBER OTHER THAN AS SET FORTH ABOVE DOES NOT CONSTITUTE VALID DELIVERY.

        THIS FORM IS NOT TO BE USED TO GUARANTEE SIGNATURES. IF A SIGNATURE ON AN ELECTION FORM REQUIRES A MEDALLION SIGNATURE GUARANTEE, SUCH MEDALLION SIGNATURE GUARANTEE MUST APPEAR IN THE APPLICABLE SPACE PROVIDED ON THE ELECTION FORM.

        The Eligible Institution that completes this form must communicate the guarantee to the Exchange Agent and must deliver the Form of Election and certificate(s) representing Houston Exploration Shares to the Exchange Agent (or a confirmation evidencing the transfer of all Houston Exploration Shares delivered by book-entry transfer) within the time period set forth herein. Failure to do so could result in a financial loss to such Eligible Institution.


Ladies and Gentlemen:

        The undersigned hereby surrenders to Mellon Investor Services LLC, the Exchange Agent, upon the terms and subject to the conditions set forth in the Form of Election and related instructions, receipt of which are hereby acknowledged, the number of Houston Exploration Shares specified below pursuant to the guaranteed delivery procedure set forth below.

Number of Shares:   Name(s) (please print):



 



Certificate No(s). (if available)

 





 

Signature(s):



 





 



No. of Shares for Cash:



 

Street Address:

No. of Shares for Stock:



 



The Depositary Trust Company

 

City, State and ZIP Code:

DTC Account Number:



 



Transaction Code Number:



 

Telephone number(s) (with area code):

Dated:

 



, 2007

 



 

 

 

 

 

 

o Check if securities will be delivered by book-entry transfer and fill in the information below:

GUARANTEED DELIVERY PROCEDURE

        In order for an election to be effective, Mellon Investor Services LLC, the Exchange Agent, must receive a properly completed and duly executed Form of Election, accompanied by the Houston Exploration Share certificate(s) currently held by you, a confirmation evidencing the transfer of all Houston Exploration Shares delivered by book-entry transfer, or a proper Guarantee of Delivery (as described below), no later than 5:00 p.m. Eastern time, on the Election Deadline (as described above). Persons whose Houston Exploration Share certificate(s) are not immediately available or the delivery of whose Houston Exploration Shares cannot be completed by book-entry transfer on or prior to the Election Deadline also may make an election by completing and executing the Form of Election (or a facsimile thereof) and submitting it to the Exchange Agent by the Election Deadline and by having a Guarantee of Delivery properly completed and duly executed by the Election Deadline by a member of a registered national securities exchange or of the National Association of Securities Dealers, Inc. or a bank, broker, dealer, credit union, savings association or other entity that is a member in good standing of the Security Transfer Agents Medallion Program, the New York Stock Exchange Medallion Signature Guarantee Program or the Stock Exchange Medallion Program (subject to the condition that the Houston Exploration Share certificate(s) (or a confirmation evidencing the transfer of all Houston Exploration Shares delivered by book-entry transfer), the delivery of which is thereby guaranteed, are in fact delivered to the Exchange Agent no later than 5:00 p.m. Eastern time, on the date that is three business days after the Election Deadline (the "Guaranteed Delivery Deadline")).

        If the Exchange Agent does not receive a properly completed and duly executed Form of Election, accompanied by your Houston Exploration Share certificate(s) (or a confirmation evidencing the transfer of all Houston Exploration Shares delivered by book-entry transfer), by the Election Deadline



(unless a Guarantee of Delivery has been properly completed and delivered by the Election Deadline and such certificates (or a confirmation evidencing the transfer of all Houston Exploration Shares delivered by book-entry transfer) are received by the Exchange Agent by the Guaranteed Delivery Deadline), the stockholder's Houston Exploration Shares will be treated as if no election was made with respect to them.

DELIVERY GUARANTEE
(not to be used for a signature guarantee)

        THE UNDERSIGNED IS A BANK, BROKER, DEALER, CREDIT UNION, SAVINGS ASSOCIATION OR OTHER ENTITY WHICH IS A MEMBER IN GOOD STANDING OF THE SECURITIES TRANSFER ASSOCIATION OR OTHER ENTITY WHICH IS AN "ELIGIBLE GUARANTOR INSTITUTION," AS SUCH TERM IS DEFINED IN RULE 17AD-15 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED (EACH OF THE FOREGOING CONSTITUTING AN "ELIGIBLE INSTITUTION"), AND GUARANTEES THE DELIVERY TO THE EXCHANGE AGENT BY THE GUARANTEED DELIVERY DEADLINE OF THE SHARES SURRENDERED HEREBY, IN PROPER FORM FOR TRANSFER (OR THAT THE SHARES SURRENDERED HEREBY HAVE BEEN DELIVERED BY BOOK-ENTRY TRANSFER INTO THE EXCHANGE AGENT'S ACCOUNT AT THE BOOK-ENTRY TRANSFER FACILITY), TOGETHER WITH A PROPERLY COMPLETED AND DULY EXECUTED ELECTION FORM (OR A FACSIMILE THEREOF) AND ANY OTHER REQUIRED DOCUMENTS.


Name of Firm
 
Authorized Signature


Street Address

 


Name


City, State, and ZIP code

 


Title


Telephone number (with area code)

 


Date



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Form of Notice of Guaranteed Delivery (not to be used for signature guarantees) of Shares of Common Stock of The Houston Exploration Company