Amended Appointment of Agent for Service of Process and Undertaking (f-x/a)
March 02 2021 - 5:28PM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X/A
APPOINTMENT OF AGENT FOR SERVICE OF
PROCESS AND UNDERTAKING
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A.
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Name of issuer or person filing (“Filer”):
Endeavour Silver Corp.
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B.
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(1)
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This is (check one):
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¨
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An original filing for
the Filer.
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x
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An amended filing for the
Filer.
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(2)
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Check the following box if you are filing the Form F-X in paper in
accordance with Regulation S-T Rule 101(b)(9) ¨
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C.
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Identify the filing in conjunction with which this form
is being filed:
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Name of registrant:
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Endeavour Silver Corp.
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Form type:
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Form 40-F
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File number (if known):
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001-33153
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Filed by:
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Endeavour Silver Corp.
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Date filed (if filed concurrently, so indicate):
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March 1, 2021
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D.
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The Filer is incorporated or organized under the laws of British Columbia, Canada, and has
its principal place of business at 1130-609 Granville Street, Vancouver, British Columbia, Canada V7Y 1G5, telephone number
(604) 685-9775.
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E.
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Filer designates and appoints DL Services Inc. (“Agent”), located at Columbia
Center, 701 Fifth Avenue, Suite 6100, Seattle, Washington 98104, telephone number (206) 903-8800, as the agent of the
Filer upon whom may be served any process, pleadings, subpoenas, or other papers in:
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(a)
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any investigation or administrative proceeding conducted by the Commission; and
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(b)
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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 40-F on March 1, 2021 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 the service of an administrative
subpoena shall be effected by service upon such agent for service of process, and that the 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.
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F.
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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 until six years have elapsed from the date the issuer of the securities to which the Form 40-F relates has ceased reporting
under the U.S. Securities Exchange Act of 1934, as amended.
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The Filer further
undertakes to advise the Securities and Exchange Commission promptly of any change to the Agent’s 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.
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G.
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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 40-F; the securities to which the Form 40-F relates; and the transactions in such securities.
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SIGNATURES
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, on March 2, 2021.
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ENDEAVOUR SILVER CORP.
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By:
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/s/ Daniel Dickson
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Name:
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Daniel Dickson
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Title:
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Chief Financial Officer
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This statement has
been signed by the following person in the capacity indicated March 2, 2021.
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DL Services Inc.
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(Agent for Service)
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By:
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/s/ Tiffanie Pearson
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Name:
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Tiffanie Pearson
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Title:
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Vice President
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