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0001104659-09-051104 Sample Contracts

AGENCY AGREEMENT
Agency Agreement • August 24th, 2009 • Baytex Energy Trust • Drilling oil & gas wells • Alberta

We understand that Baytex Energy Trust (the “Trust”) desires to issue and sell up to $150,000,000 aggregate principal amount of 9.15% Series A senior unsecured debentures due August 26, 2016 (the “Debentures”), as more particularly described below. We further understand that the Trust has filed the Base Prospectus in each of the Qualifying Jurisdictions (as such terms are defined below) and is prepared: