EnerVest Completes Rights Offering

On February 24, 2006, EnerVest Diversified Income Trust completed a rights offering under which EnerVest issued approximately 36.3 million of its trust units. Total proceeds of the offering were approximately $281 million, making it the largest such offering by a diversified trust in Canadian history. Holders of approximately 93 per cent of the rights exercised under a basic subscription privilege, with the balance of rights issued being exercised under an additional subscription privilege. Net proceeds of the offering were to be used by EnerVest to further invest in a diversified portfolio of income, royalty and real estate investment trusts, limited partnerships and similar issuers.

The EnerVest legal team was directed by J. Ward Mallabone, chief operating officer of EnerVest. Heenan Blaikie LLP acted as counsel to EnerVest with a team that included Lloyd Symons, Alec Silenzi and Bruno Caron (securities) and Mark Jadd and Jennifer Hanna (tax). GMP Securities LP acted as dealer manager for the rights offering and was represented by Macleod Dixon LLP with a team that included Lianne Tysowski, Chris Wolfenberg and Darren Hueppelsheuser (tax).