EXHIBIT 4 --------- UNDERWRITING AGREEMENTUnderwriting Agreement • August 12th, 2005 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledAugust 12th, 2005 Company Industry Jurisdiction
EXHIBIT 3 --------- TRUST INDENTURE DATED AS OF THE 29 DAY OF JANUARY, 2004Harvest Energy Trust • March 31st, 2005 • Crude petroleum & natural gas • Alberta
Company FiledMarch 31st, 2005 Industry Jurisdiction
EXHIBIT 3.1 ----------- HARVEST ENERGY TRUST FOURTH AMENDED AND RESTATED TRUST INDENTURE DATED JANUARY 1, 2008 ------------------------------------------------------------------------------- BURNET, DUCKWORTH & PALMER LLP TABLE OF CONTENTSHarvest Energy Trust • January 9th, 2008 • Crude petroleum & natural gas • Alberta
Company FiledJanuary 9th, 2008 Industry Jurisdiction
REGISTRATION RIGHTS AGREEMENT Dated October 14, 2004 among HARVEST OPERATIONS CORP., THE GUARANTORS NAMED HEREIN and MORGAN STANLEY & CO. INCORPORATED TD SECURITIES (USA) INC. NBF SECURITIES (USA) CORP. WESTLB AG, LONDON BRANCH WESTLB SECURITIES INC.Registration Rights Agreement • December 23rd, 2004 • Harvest Energy Trust • New York
Contract Type FiledDecember 23rd, 2004 Company JurisdictionTHIS REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made and entered into on October 14, 2004, among HARVEST OPERATIONS CORP., an Alberta corporation (the "Company"), HARVEST ENERGY TRUST, an Alberta trust (the "Trust"), each of the Trust's subsidiaries named in Schedule I hereto (each a "Subsidiary Guarantor" and, collectively, the "Subsidiary Guarantors" and together with the Trust, hereinafter referred to as the "Guarantors") and MORGAN STANLEY & CO. INCORPORATED, TD SECURITIES (USA) INC., NBF SECURITIES(USA) CORP. and WESTLB AG, LONDON BRANCH (the "Initial Purchasers," which for the purpose of this agreement shall be deemed to include WestLB Securities Inc., as United States agent to WestLB AG, London Branch).
US$250,000,000 HARVEST OPERATIONS CORP. 77/8% Senior Notes Due 2011 PURCHASE AGREEMENTPurchase Agreement • December 23rd, 2004 • Harvest Energy Trust • New York
Contract Type FiledDecember 23rd, 2004 Company JurisdictionMorgan Stanley & Co. Incorporated TD Securities (USA) Inc. NBF Securities (USA) Corp. WestLB AG, London Branch WestLB Securities Inc. c/o Morgan Stanley & Co. Incorporated 1585 Broadway New York, New York 10036
AND -Subscription Receipt Agreement • November 16th, 2005 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledNovember 16th, 2005 Company Industry Jurisdiction
AMENDED AND RESTATED CREDIT AGREEMENT HARVEST OPERATIONS CORP. as Borrower - and - CANADIAN IMPERIAL BANK OF COMMERCE as Administrative Agent - and - THOSE FINANCIAL INSTITUTIONS WHICH ARE OR HEREAFTER BECOME LENDERS UNDER THIS AGREEMENT with CIBC...Credit Agreement • November 20th, 2006 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledNovember 20th, 2006 Company Industry JurisdictionWHEREAS the Borrower, the Agent and certain of the Lenders are parties to an amended and restated credit agreement dated March 31, 2006 (the "Original Credit Agreement");
EXHIBIT 3 --------- SECOND SUPPLEMENTAL TRUST INDENTURE This Second Supplemental Trust Indenture is entered into as of the 2nd day of August, 2005 between: HARVEST ENERGY TRUST, an open ended unincorporated trust governed under the laws of the...Valiant Trust • November 16th, 2005 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledNovember 16th, 2005 Company Industry Jurisdiction
VOTING AND EXCHANGE TRUST AGREEMENT MEMORANDUM OF AGREEMENT made as of the 30th of June, 2004. AMONG: HARVEST ENERGY TRUST, a trust organized under the laws of Alberta (hereinafter referred to as "Harvest Energy Trust") - and - HARVEST OPERATIONS...Voting and Exchange Trust Agreement • March 31st, 2005 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledMarch 31st, 2005 Company Industry Jurisdiction
November 28, 2005 Viking Energy Royalty Trust Viking Holdings Inc. 400, 333 - 5th Avenue S.W. Calgary, Alberta T2P 0L4 Attention: John Zahary President and Chief Executive Officer Gentlemen: Re: Proposed Business Combination This letter sets forth the...Definitive Agreement • December 16th, 2005 • Harvest Energy Trust • Crude petroleum & natural gas
Contract Type FiledDecember 16th, 2005 Company Industry("Operations"), Viking Energy Royalty Trust ("Viking") and Viking Holdings Inc. ("Holdings") with respect to a proposed transaction (the "Transaction") to combine Harvest and Viking (the "New Trust").
November 9, 2006 Harvest Energy Trust Harvest Operations Corp. 2100, 330 - 5th Avenue SW Calgary, AB T2P 0L4 Dear Sirs:Letter Agreement • November 20th, 2006 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledNovember 20th, 2006 Company Industry JurisdictionRe: Offering of Trust Units and Convertible Unsecured Subordinated Debentures of Harvest Energy Trust - Amendment to Underwriting Agreement dated October 25, 2006
ARRANGEMENT AGREEMENT AMONG: HARVEST ENERGY TRUST - and - HARVEST OPERATIONS CORP. - and - VIKING ENERGY ROYALTY TRUST - and - VIKING HOLDINGS INC. December 23, 2005Arrangement Agreement • January 30th, 2006 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledJanuary 30th, 2006 Company Industry JurisdictionHARVEST OPERATIONS CORP., a corporation subsisting under the Laws of the Province of Alberta (hereinafter referred to as "HOC")
SUPPORT AGREEMENT MEMORANDUM OF AGREEMENT made as of the 30th day of June, 2004. AMONG: HARVEST ENERGY TRUST, a trust organized under the laws of Alberta (hereinafter referred to as "Harvest Energy Trust")Support Agreement • March 31st, 2005 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledMarch 31st, 2005 Company Industry Jurisdiction
ARRANGEMENT AGREEMENT among KOREA NATIONAL OIL CORPORATION and HARVEST ENERGY TRUST and HARVEST OPERATIONS CORP. October 21, 2009Arrangement Agreement • October 29th, 2009 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledOctober 29th, 2009 Company Industry JurisdictionKOREA NATIONAL OIL CORPORATION, a corporation existing under the laws of the Republic of Korea (hereinafter referred to as the “Purchaser”)
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • January 16th, 2007 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledJanuary 16th, 2007 Company Industry JurisdictionHARVEST ENERGY TRUST, an open ended unincorporated trust governed under the laws of the Province of Alberta and having its head office in the City of Calgary, in the Province of Alberta (hereinafter called the "Trust")
HARVEST ENERGY TRUST AMENDED AND RESTATED TRUST INDENTURE DATED JANUARY 1, 2004 ------------------------------------------------------------------------------- - BURNET, DUCKWORTH & PALMER LLP TABLE OF CONTENTSHarvest Energy Trust • March 31st, 2005 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledMarch 31st, 2005 Company Industry Jurisdiction
FIFTH SUPPLEMENTAL INDENTUREFifth Supplemental Indenture • May 12th, 2008 • Harvest Energy Trust • Crude petroleum & natural gas • Alberta
Contract Type FiledMay 12th, 2008 Company Industry JurisdictionHARVEST ENERGY TRUST, an open ended unincorporated trust governed under the laws of the Province of Alberta and having its head office in the City of Calgary, in the Province of Alberta (hereinafter called the "Trust")