Securities Law & Instruments

Headnote

Mutual Reliance Review System for Exemptive Relief Applications -- Issuer has only one security holder -- Issuer deemed to have ceased to be a reporting issuer.

Ontario Statutes

Securities Act, R.S.O. 1990, c. S.5, as am., s. 83.

IN THE MATTER OF

THE SECURITIES LEGISLATION OF

ALBERTA, SASKATCHEWAN, ONTARIO, AND QUÉBEC

AND

IN THE MATTER OF

THE MUTUAL RELIANCE REVIEW SYSTEM

FOR EXEMPTIVE RELIEF APPLICATIONS

AND

IN THE MATTER OF

MOXIE EXPLORATION LTD.

 

MRRS DECISION DOCUMENT

1. WHEREAS the local securities regulatory authority or regulator (the "Decision Maker") in each of Alberta, Saskatchewan, Ontario and Québec (the "Jurisdictions") has received application from Moxie Exploration Ltd. ("Moxie") for a decision under the securities legislation of the Jurisdictions (the "Legislation") that Moxie be deemed to have ceased to be a reporting issuer or the equivalent under the Legislation;

2. AND WHEREAS under the Mutual Reliance Review System for Exemptive Relief Applications (the "System"), the Alberta Securities Commission is the Principal Regulator for this application;

3. AND WHEREAS, unless otherwise defined, the terms herein have the meanings set out in National Instrument 14-101 Definitions and in Québec Commission Notice 14-101;

4. AND WHEREAS Moxie has represented to the Decision Makers that:

4.1 Moxie is a corporation incorporated under the laws of Alberta;

4.2 Moxie's head and registered offices are located in Calgary, Alberta;

4.3 Moxie is a reporting issuer in each of the Jurisdictions;

4.4 Moxie ceased to be a reporting issuer in British Columbia on September 27, 2003;

4.5 Moxie is not in default of any requirements of the Legislation other than the failure to file financial statements in the Province of Ontario and Québec for the six months ended June 30, 2003;

4.6 Moxie is authorized to issue an unlimited number of common shares ("Common Shares") of which, as at the date hereof, there are 46,485,718 Common Shares outstanding;

4.7 as a result of the successful take-over bid (the "Offer") by Endev Energy Inc. ("Endev"), all of the outstanding Common Shares are held by Endev;

4.8 before the Offer, Moxie common shares were listed on the TSX Venture Exchange (the "TSXV");

4.9 the Moxie Common Shares were delisted from the TSXV at the close of business on October 20, 2003;

4.10 no securities of Moxie will be listed or quoted on any exchange or market;

4.11 other than the outstanding Common Shares, Moxie has no securities, including debt securities, outstanding; and

4.12 Moxie does not intend to seek public financing by way of an offering of its securities;

5. AND WHEREAS under the System, this MRRS Decision Document evidences the decision of each Decision Maker (collectively, the "Decision");

6. AND WHEREAS each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the Decision has been met;

7. THE DECISION of the Decision Makers under the Legislation is that Moxie is deemed to have ceased to be a reporting issuer under the Legislation.

November 12, 2003.

"Patricia M. Johnston"