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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-A/A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(B) OR (G) OF THE
SECURITIES EXCHANGE ACT OF 1934
HARVEST ENERGY TRUST
(Exact name of registrant as specified in its charter)
ALBERTA, CANADA NOT APPLICABLE
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(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
SUITE 2100, 330 - 5TH AVENUE S.W.
CALGARY, ALBERTA, CANADA T2P 0L4
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(Address of principal executive offices) (Zip Code)
If this form relates to the registration of a class of securities pursuant to
Section 12(b) of the Exchange Act and is effective pursuant to General
Instruction A.(c), check the following box. [X]
If this form relates to the registration of a class of securities pursuant to
Section 12(g) of the Exchange Act and is effective pursuant to General
Instruction A.(d), check the following box. [_]
Securities Act registration file number to which this form relates (if
applicable): _______________________
Securities to be registered pursuant to Section 12(b) of the Act:
Title of each class Name of each exchange on which
to be registered each class is to be registered
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Trust Units New York Stock Exchange
Securities to be registered pursuant to Section 12(g) of the Act: None
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INFORMATION REQUIRED IN REGISTRATION STATEMENT
EXPLANATORY NOTE
This Amendment No.1 hereby amends the registration statement on Form
8-A (the "Registration Statement") filed by Harvest Energy Trust, an open-ended
unincorporated investment trust created under the laws of the Province of
Alberta, (the "Trust" or the "Registrant") with the U.S. Securities and
Exchange Commission (the "SEC") on July 15, 2005 relating to trust units
without nominal or par value, of the Trust (the "Trust Units").
On January 1, 2008, the Trust amended its February 3, 2006 third
amended and restated trust indenture (the "Trust Indenture") entered into by
and among Harvest Operations Corp. (the "Corporation") and Valiant Trust
Company (the "Trustee") to permit the use of a direct registration system.
ITEM 1. DESCRIPTION OF REGISTRANT'S SECURITIES TO BE REGISTERED.
This registration statement relates to the registration with the SEC
of the Trust Units.
The Corporation and the Trustee entered into the fourth amended and
restated trust indenture on January 1, 2008 (the "Fourth Amended Trust
Indenture"), which includes amendments to the Trust Indenture to permit the use
of direct registration systems. Specifically, the Corporation and the Trustee
amended the Trust Indenture by adding the following language as paragraph (a)
of Section 11.2:
(a) Trust Units shall be:
(i) represented by certificates; or
(ii) uncertified Trust Units evidenced by a book-entry system
maintained by the Trustee or by a Transfer Agent designated
to act on behalf and under the direction of the Trustee; or
(iii) a combination of (i) and (ii) above,
The Corporation and the Trustee also executed other mechanical and incidental
amendments and revisions necessary to give effect to the amendment described
herein.
This description does not purport to be complete, and is qualified in
its entirety by the provisions of the Fourth Amended Trust Indenture, a form
which is attached hereto as Exhibit 3.1 and is incorporated herein in its
entirety by reference.
ITEM 2. EXHIBITS.
The following exhibits are filed as part of this Registration Statement on Form
8-A/A:
EXHIBIT
NUMBER DESCRIPTION
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3.1 Form of Fourth Amended and Restated Trust Indenture dated as of
January 1, 2008 between the Corporation and the Trustee.
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of
1934, the Registrant has duly caused this registration statement to be signed
on its behalf by the undersigned, thereto duly authorized.
Date: January 2, 2008
HARVEST ENERGY TRUST
By: /s/ Bob Fotheringham
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Name: Bob Fotheringham
Title: Chief Financial Officer