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HomeMy WebLinkAbout20013587.tiff u ' SECRETARY OF STAY STATE`OF MONTANA BOB BROWN PRDRFIY �i ^�r Business Se,rvieesBureau • t( � Montana State Cagifal P,2t=Hafey <<`Deputy >_�3 PO.Boxr20280i Helena;MT 59620-28-01 (406)444-3665 http;//www.state'.mt.uslsos/ ROBERT-T LIN;G!OLN D� ; INGTON'BARTHOLOW&MILLERFGAS 665RTHIRI)��AVE � ��. ����.�.� �F• p;�-f��s-',�.:��>. � NEW YORK,NY 10017-5683 ,5.40,1\41W4 ,394''' ' Ch u,, �A OV�'ERG Xf� c � a fib' �. x �� a�r5'r" January 8,2002 ORTS RrCAN w,, er r RESOTIRCEs COMP' ;•�F� >$r �rc�vq�#dL^•.a ✓vn>.T+f*J`.e Y 4rc<S r: ln: AR B4O1-VlE�G ;c � Dear M>c� Lineo � �f �� aft fF li g0 Deceintej ;2901 I'r�e a rov the film df tlfe documents for the ab rlial'*4b02 85i above named entity, The-docin tent number and - filing date have been recorded on^the origingdocument. This letter serves+as your certificate of-filing andihould bednaintained in yonr;files for future'reference. 1 Thank you-for giving thit+officeithe opportunity to serve you. If you have any questions is this regard,,or teed additional'assistance, please do not hesitate to contact the Business Services Bureau professionals at(406)444-365. Sincerely, r e, Bob Brown Secretary of State Enclosure g -35g7 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 _ / . 31 / STATE OF MONTANA ARTICLES OF MERGER FILED ,,4, J OF DEC 2 0 2001 vi- ENTECH GAS VENTURES, INC, a-'9 THE MONTANA POWER GAS COMPANY, SECRETARY OF STATE RENO, INC AND _a 5-/Ken) NORTH AMERICAN RESOURCES COMPANY To the Secretary of State State of Montana Pursuant tq 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. t' 2 The aforesaid Plan 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 ,2001 ENTECH GAS VENTURES, INC. XENO,INC. By: C�tlIA//,jJW1( �J 2A By: 44M401U/tMi&W Na e of officer: Rachel Desroches Name of officer Rachel Desroches Title of officer:Assistant Secretary Title of officer.Assistant Secretary THE MONTANA POWER GAS COMPANY NORTH AMERICAN RESOURCES COMPANYBy41l!L/&Wti(LIlJtBy: 4fAhd,I°LUNA 10 Name of officer:Rachel Desroches Name of officer: Rachel Desroches , Title of officer:Assistant Secretary Title of officer:Assistant Secretary / 1 , PLAN OF MERGER 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 EGVI, 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 I 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. J 16111 DEC 28, 2001 TEL. N0: 212-894-8888 *206424 PAGE 2,2 P\aTLFIL?5\PANCDN\Nalco\CocAAd ndu tc Astrmesgrsdee2P2001 vesaon#3.doe I , ADDENDUM TO ARTICLES OF MERGER The Plan of Merger for merging Entech Gas Ventures, Inc., The Montana Power Gas Company and Xeno,Inc. with and into North American Resources Company,was approved by the Unanimous Written 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 ofMerger, and (d) owns 49,000 shares of common stock of North American Resources Company and voted all such shares in Cavor of the Plan of Merger c 7-t Hello