FORM 6-K

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

Report of Foreign Issuer pursuant to Rule 13-a-16 or 15d-16

of the Securities Exchange Act of 1934

 

FOR THE MONTH OF MARCH, 2016

 


 

COMMISSION FILE NUMBER 1-15150

 

GRAPHIC

Enerplus Corporation

 

The Dome Tower

Suite 3000, 333 – 7th Avenue S.W.

Calgary, Alberta

Canada T2P 2Z1

 

(403) 298-2200

 


 

Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.

 

 

Form 20-F o

 

Form 40-F x

 

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1)

 

 

Yes o

 

No x

 

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7)

 

 

Yes o

 

No x

 

 

Indicate by check mark whether, by furnishing the information contained in this Form, the registrant is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the securities Exchange Act of 1934.

 

 

Yes o

 

No x

 

 

 

 



 

EXHIBIT INDEX

 

EXHIBIT 99.1 — By-Law No. 2

 

2



 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

ENERPLUS CORPORATION

 

 

BY:

/s/ David A. McCoy

 

 

David A. McCoy

 

 

Vice President, General Counsel & Corporate Secretary

 

 

 

 

DATE: March 21, 2016

 

 

3




Exhibit 99.1

 

BY-LAW NO. 2

 

A by-law relating generally to forum selection of

ENERPLUS CORPORATION

 

BE IT ENACTED as a by-law of the Corporation as follows:

 



 

SECTION ONE
FORUM SELECTION

 

1.1                               Unless Enerplus Corporation (the “Corporation”) consents in writing to the selection of an alternative forum, the Court of Queen’s Bench of the Province of Alberta, Canada and the appellate Courts therefrom (or, failing such court, any other “Court” as defined in the Business Corporations Act (Alberta), as amended from time to time (the “ABCA”) having jurisdiction and the appellate Courts therefrom), shall, to the fullest extent permitted by law, be the sole and exclusive forum for:

 

(a)                                 any derivative action or proceeding brought on behalf of the Corporation;

 

(b)                                 any application for an oppression remedy;

 

(c)                                  any action or proceeding asserting a claim of breach of the duty of care owed by the Corporation or any director, officer, or other employee of the Corporation to the Corporation or to any of the Corporation’s shareholders;

 

(d)                                 any action or proceeding asserting a claim of breach of the fiduciary duty owed by any director, officer, or other employee of the Corporation to the Corporation or to any of the Corporation’s shareholders;

 

(e)                                  any action or proceeding asserting a claim arising pursuant to any provision of the ABCA or the Corporation’s articles or by-laws (as either may be amended from time to time); or

 

(f)                                   any action or proceeding asserting a claim otherwise related to the “affairs” (as defined in the ABCA) of the Corporation.

 

1.2                               If any action or proceeding the subject matter of which is within the scope of the preceding sentence is filed in a Court other than a Court located within the Province of Alberta (a “Foreign Action”) in the name of any shareholder, such shareholder shall be deemed to have consented to (i) the personal jurisdiction of the provincial and federal Courts located within the Province of Alberta in connection with any action or proceeding brought in any such Court to enforce the preceding sentence, and (ii) having service of process made upon such shareholder in any such action or proceeding by service upon such shareholder’s counsel in the Foreign Action as agent for such shareholder.

 



 

SECTION TWO

EFFECTIVE DATE

 

The foregoing by-law was made by the directors of the Corporation on the 16th day of March, 2016.

 

 

 

ENERPLUS CORPORATION

 

 

 

 

 

By:

(signed) “David A. McCoy

 

Name:

David A. McCoy

 

Title:

Vice President, General Counsel

 

 

& Corporate Secretary

 

2




This regulatory filing also includes additional resources:
a16-6962_1ex99d1.pdf
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