SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 DevX Energy, Inc. (Name of Subject Company) Comstock Acquisition Inc. Comstock Resources, Inc. (Names of Filing Persons (Offeror)) Common Stock, par value $0.234 per share (Title of Class of Securities) 25189P203 (CUSIP Number of Class of Securities) M. Jay Allison President and Chief Executive Officer Comstock Resources, Inc. 5300 Town and Country Blvd., Suite 500 Frisco, Texas 75034 (972) 668-8800 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications on Behalf of Filing Persons) Copy to: Jack E. Jacobsen Locke Liddell & Sapp LLP 2200 Ross Avenue, Suite 220 Dallas, Texas 75201 (214) 740-8000 CALCULATION OF FILING FEE Transaction Value Amount of Filing Fee Not Applicable Not Applicable __ Check the box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. Amount Previously Paid: _____________ Filing Party: ____________________ Form or Registration No.: _____________ Date Filed: ______________________ X Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer. Check the appropriate boxes to designate any transactions to which the statement relates: X third-party tender offer subject to Rule 14d-1. issuer tender offer subject to Rule 13e-4. going-private transaction subject to Rule 13e-3. amendment to Schedule 13D under Rule 13d-2. Check the following box if the filing is a final amendment reporting the results of the tender offer: EXHIBIT INDEX Exhibit No. Description 99.1 Press Release issued by Comstock Resources, Inc. on October 22, 2001