EXHIBIT 99.3
ENCORE ACQUISITION COMPANY
NOTICE OF GUARANTEED DELIVERY
FOR TENDER OF ALL OUTSTANDING
6.25% SENIOR SUBORDINATED NOTES DUE 2014
IN EXCHANGE FOR REGISTERED
6.25% SENIOR SUBORDINATED NOTES DUE 2014
This form, or one substantially equivalent hereto, must be used by a holder
to accept the Exchange Offer of Encore Acquisition Company (the "Issuer") and
its restricted subsidiaries (the "Guarantors") and to tender outstanding
unregistered 6.25% Senior Subordinated Notes due 2014 fully and unconditionally
guaranteed by the Guarantors (the "Outstanding Notes"), to Wells Fargo Bank,
National Association, as exchange agent (the "Exchange Agent"), pursuant to the
guaranteed delivery procedures described in "The Exchange Offer -- Guaranteed
Delivery Procedures" of the Issuer's prospectus dated , 2004 (the
"Prospectus") and in Instruction 2 to the related letter of transmittal. Any
holder who wishes to tender Outstanding Notes pursuant to such guaranteed
delivery procedures must ensure that the Exchange Agent receives this notice of
guaranteed delivery, properly completed and duly executed, prior to the
Expiration Date (as defined below) of the Exchange Offer. Capitalized terms used
but not defined in this letter have the meanings given to them in the letter of
transmittal.
THE EXCHANGE OFFER WILL EXPIRE AT 5:00 P.M., NEW YORK CITY TIME, ON ,
2004, UNLESS SOONER TERMINATED OR EXTENDED (THE "EXPIRATION DATE"). OUTSTANDING
NOTES TENDERED IN THE EXCHANGE OFFER MAY BE WITHDRAWN AT ANY TIME PRIOR TO 5:00
P.M., NEW YORK CITY TIME, ON THE EXPIRATION DATE.
WELLS FARGO BANK, NATIONAL ASSOCIATION
(800) 344-5128
BY OVERNIGHT DELIVERY, COURIER OR MAIL
(OVERNIGHT DELIVERY OR COURIER RECOMMENDED;
IF BY MAIL, REGISTERED OR CERTIFIED MAIL RECOMMENDED):
Wells Fargo Bank, National Association
Corporate Trust Operations
MAC N9303-121
Sixth and Marquette
Minneapolis, MN 55479
REGISTERED OR CERTIFIED MAIL:
Wells Fargo Bank, National Association
Corporate Trust Operations
MAC N9303-121
P.O. Box 1517
Minneapolis, MN 55480-1517
BY FACSIMILE TRANSMISSION (ELIGIBLE INSTITUTIONS ONLY):
(612) 667-4927
Confirm by Telephone:
(800) 344-5128
DELIVERY OF THIS INSTRUMENT TO AN ADDRESS OTHER THAN AS SET FORTH ABOVE OR
TRANSMISSION VIA FACSIMILE TO A NUMBER OTHER THAN THE ONE LISTED ABOVE WILL NOT
CONSTITUTE A VALID DELIVERY. THE INSTRUCTIONS ACCOMPANYING THIS NOTICE OF
GUARANTEED DELIVERY SHOULD BE READ CAREFULLY BEFORE THE NOTICE OF GUARANTEED
DELIVERY IS COMPLETED.
This notice of guaranteed delivery is not to be used to guarantee
signatures. If a signature on a letter of transmittal is required to be
guaranteed by an "Eligible Institution" under the instructions thereto, that
signature guarantee must appear in the applicable space in the box provided on
the letter of transmittal for guarantee of signatures.
2
Ladies and Gentlemen:
The undersigned hereby tenders to the Issuer and the Guarantors, in
accordance with their offer, upon the terms and subject to the conditions set
forth in the Prospectus and the related letter of transmittal, receipt of which
is hereby acknowledged, the principal amount of Outstanding Notes set forth
below pursuant to the guaranteed delivery procedures set forth in the Prospectus
under the caption "The Exchange Offer -- Guaranteed Delivery Procedures" and in
Instruction 2 of the letter of transmittal.
The undersigned hereby tenders the Outstanding Notes listed below:
<Table>
<Caption>
- --------------------------------------------------------------------------------
CERTIFICATE NUMBER(S)
(IF KNOWN) OF OUTSTANDING NOTES AGGREGATE PRINCIPAL AGGREGATE PRINCIPAL
OR ACCOUNT NUMBER AT DTC AMOUNT REPRESENTED AMOUNT TENDERED
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
</Table>
<Table>
PLEASE SIGN AND COMPLETE
- ----------------------------------------------------- ---------------------------------------------
- ----------------------------------------------------- ---------------------------------------------
NAMES OF REGISTERED HOLDER(S) SIGNATURE(S) OF REGISTERED HOLDER(S) OR
AUTHORIZED SIGNATORY
- -----------------------------------------------------
- ----------------------------------------------------- DATED: --------------------------------------
ADDRESS
- -----------------------------------------------------
AREA CODE AND TELEPHONE NUMBER(S)
- ----------------------------------------------------------------------------------------------------
</Table>
3
This notice of guaranteed delivery must be signed by the registered
holder(s) of the tendered Outstanding Notes exactly as the name(s) of such
person(s) appear(s) on certificates for the Outstanding Notes or on a security
position listing as the owner of the Outstanding Notes, or by person(s)
authorized to become holder(s) by endorsements and documents transmitted with
this notice of guaranteed delivery. If signature is by a trustee, executor,
administrator, guardian, attorney-in-fact, officer of a corporation or other
person acting in a fiduciary or representative capacity, such person must
provide the following information:
PLEASE PRINT NAME(S) AND ADDRESS(ES)
Name(s): -----------------------------------------------------------------------
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
Capacity: ----------------------------------------------------------------------
Address(es): -------------------------------------------------------------------
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
GUARANTEE
(not to be used for signature guarantee)
The undersigned, a firm that is a member of a registered national
securities exchange or of the National Association of Securities Dealers, Inc.,
a commercial bank or trust company having an office or correspondent in the
United States, or an "eligible guarantor institution" within the meaning of Rule
17Ad-15 under the Securities Exchange Act of 1934, as amended, hereby guarantees
deposit with the Exchange Agent of the letter of transmittal (or facsimile
thereof or agent's message in lieu thereof), together with the Outstanding Notes
tendered hereby in proper form for transfer (or confirmation of the book-entry
transfer of such Outstanding Notes into the Exchange Agent's account at DTC
described in the Prospectus under the caption "The Exchange Offer -- Procedures
for Tendering -- Book-Entry Transfer" and in the letter of transmittal) and any
other required documents, all by 5:00 p.m., New York City time, within three New
York Stock Exchange trading days following the Expiration Date.
<Table>
Name of Firm: ------------------------------------ ---------------------------------------------------
(Authorized Signature)
Address: ----------------------------------------- Name: ---------------------------------------------
(Include ZIP Code)
Area Code and Telephone Number: Title: --------------------------------------------
(Please Type or Print)
Date: ---------------------------------------------
--------------------------------------------------
</Table>
DO NOT SEND OUTSTANDING NOTES WITH THIS FORM. ACTUAL SURRENDER OF
OUTSTANDING NOTES MUST BE MADE PURSUANT TO, AND BE ACCOMPANIED BY, A PROPERLY
COMPLETED AND DULY EXECUTED LETTER OF TRANSMITTAL AND ANY OTHER REQUIRED
DOCUMENTS.
4
INSTRUCTIONS FOR NOTICE OF GUARANTEED DELIVERY
1. DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY. A properly completed
and duly executed copy of this notice of guaranteed delivery (or facsimile
hereof or an agent's message and notice of guaranteed delivery in lieu hereof)
and any other documents required by this notice of guaranteed delivery with
respect to the Outstanding Notes must be received by the Exchange Agent at its
address set forth herein prior to the Expiration Date. Delivery of such notice
of guaranteed delivery may be made by facsimile transmission, mail, courier or
overnight delivery. THE METHOD OF DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY
AND ANY OTHER REQUIRED DOCUMENTS TO THE EXCHANGE AGENT IS AT THE ELECTION AND
SOLE RISK OF THE HOLDER, AND THE DELIVERY WILL BE DEEMED MADE ONLY WHEN ACTUALLY
RECEIVED BY THE EXCHANGE AGENT. If delivery is by mail, registered mail with
return receipt requested, properly insured, is recommended. As an alternative to
delivery by mail, holders may wish to consider using an overnight or courier
service. In all cases, sufficient time should be allowed to assure timely
delivery. For a description of the guaranteed delivery procedures, see
Instruction 2 of the letter of transmittal.
2. SIGNATURES ON THIS NOTICE OF GUARANTEED DELIVERY. If this notice of
guaranteed delivery (or facsimile hereof) is signed by the registered holder(s)
of the Outstanding Notes referred to herein, the signature(s) must correspond
exactly with the name(s) written on the face of the Outstanding Notes without
alteration, enlargement or any change whatsoever. If this notice of guaranteed
delivery (or facsimile hereof) is signed by a participant in DTC whose name
appears on a security position listing as the owner of the Outstanding Notes,
the signature must correspond with the name as it appears on the security
position listing as the owner of the Outstanding Notes.
If this notice of guaranteed delivery (or facsimile hereof) is signed by a
person other than the registered holder(s) of any Outstanding Notes listed or a
participant of DTC, this notice of guaranteed delivery must be accompanied by
appropriate bond powers, signed as the name(s) of the registered holder(s)
appear(s) on the Outstanding Notes or signed as the name(s) of the participant
appears on DTC's security position listing.
If this notice of guaranteed delivery (or facsimile hereof) is signed by a
trustee, executor, administrator, guardian, attorney-in-fact, officer of a
corporation or other person acting in a fiduciary or representative capacity,
such person should so indicate when signing and submit herewith evidence
satisfactory to the Exchange Agent of such person's authority to so act.
3. REQUESTS FOR ASSISTANCE OR ADDITIONAL COPIES. Questions and requests
for assistance and requests for additional copies of the Prospectus and this
notice of guaranteed delivery may be directed to the Exchange Agent at the
address or telephone number set forth on the cover page hereof. Holders may also
contact their broker, dealer, commercial bank, trust company or other nominee
for assistance concerning the Exchange Offer.
5