Regulatory Filings • Feb 23, 2011
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Download Source FileF-X 1 dfx.htm FORM F-X Form F-X
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS AND UNDERTAKING
| A. | Name of issuer or person filing (Filer): | |
|---|---|---|
| B. | (1) | This is [check one] |
| x | an original filing for the Filer | |
| ¨ | an amended filing for the Filer | |
| (2) | Check the following box if you are filing the Form F-X in paper in accordance with Regulation S-T Rule 101(b)(9) ¨ | |
| C. | Identify the filing in conjunction with which this Form is being filed: | |
| Name of registrant | EMERA INCORPORATED | |
| Form type | Form F-9 | |
| File Number (if known) | 333-172405 | |
| Filed by | EMERA INCORPORATED | |
| Date Filed (if filed concurrently, so indicate) | February 23, 2011 (filed concurrently) | |
| D. | The Filer is incorporated or organized under the laws of | |
| Canada | ||
| and has its principal place of business at | ||
| Purdys Wharf Tower II | ||
| 1969 Upper Water Street, 20 th | ||
| Halifax, Nova Scotia | ||
| Canada | ||
| B3J 3R7 | ||
| (902) 420-3527 | ||
| E. | The Filer designates and appoints | COMPUTERSHARE TRUST COMPANY, NA (Agent) located at 350 Indiana Street, Suite 750, Golden Colorado 80401 Telephone: |
| (303) 262-0707 | ||
| as the agent of the Filer upon whom may be served any process, pleadings, subpoenas, or other papers | ||
| in |
| (a) | any investigation or administrative proceeding conducted by the Commission; and |
|---|---|
| (b) | any civil suit or action brought against the Filer or to which the Filer has been joined as defendant or respondent, in any appropriate court in any place subject to the |
| jurisdiction of any state or of the United States or of any of its territories or possessions or of the District of Columbia, where the investigation, proceeding or cause of action arises out of or relates to or |
| | concerns (i) any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form F-9 on
February 23, 2011 or any purchases or sales of any security in connection therewith; (ii) the securities in relation to which the obligation to file an annual report on Form 40-F arises, or any purchases or sales of such securities;
(iii) any tender offer for the securities of a Canadian issuer with respect to which filings are made by the Filer with the Commission on Schedule 13E-4F, 14D-1F or 14D-9F; or (iv) the securities in relation to which the Filer acts as
trustee pursuant to an exemption under Rule 10a-5 under the Trust Indenture Act of 1939. The Filer stipulates and agrees that any such civil suit or action or administrative proceeding may be commenced by the service of process upon, and that
service of an administrative subpoena shall be effected by service upon such agent for service of process, and that service as aforesaid shall be taken and held in all courts and administrative tribunals to be valid and binding as if personal
service thereof had been made. |
| --- | --- |
| F. | The Filer stipulates and agrees to appoint a successor agent for service of process and file an amended Form F-X if the Filer
discharges the Agent or the Agent is unwilling or unable to accept service on behalf of the Filer at any time during which any of the securities subject to the indentures remain outstanding. The Filer further undertakes to advise the Commission
promptly of any change to the Agents name or address during the applicable period by amendment of this Form, referencing the file number of the relevant form in conjunction with which the amendment is being filed. |
| G. | The Filer undertakes to make available, in person or by telephone, representatives to respond to inquiries made by the Commission
staff, and to furnish promptly, when requested to do so by the Commission staff, information relating to the Form F-9; the securities to which the Form F-9 relates; and the transactions in such securities. |
[ Signature page follows ]
The Filer certifies that it has duly caused this power of attorney, consent, stipulation and agreement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Halifax, Country of Canada this 23 rd day of February, 2011.
| COMPUTERSHARE TRUST COMPANY OF CANADA | |
|---|---|
| By: | /s/ Elizabeth Dockendorff |
| Name: Elizabeth Dockendorff Title: Professional, Corporate Trust | |
| COMPUTERSHARE TRUST COMPANY OF CANADA | |
| By: | /s/ Colleen Nielsen |
| Name: Colleen Nielsen Title: Relationship Manager, Client Services |
This statement has been signed by the following person in the capacity and on the date indicated.
| /s/ John M. Wahl | |
|---|---|
| Name: Title: Date: | John M. Wahl Corporate |
| Trust Officer February 23, 2011 |
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