- Appointment of Agent for Service of Process and Undertaking (F-X)
September 25 2009 - 1:07PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS
AND UNDERTAKING
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Name of issuer or person filing (Filer):
Fairfax Financial Holdings Limited
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B.
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This is [check one]:
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an original filing for the Filer.
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an amended filing for the Filer.
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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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Fairfax Financial Holdings Limited
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Form type:
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Registration Statement on Form F-10
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File number (if known):
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333-162129
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Filed by:
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Fairfax Financial Holdings Limited
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Date filed (if filed
concurrently, so indicate):
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September 25, 2009
(concurrent with filing of Form F-10)
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D.
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The Filer is incorporated or organized under the laws of
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and has its principal place of business at
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95 Wellington Street West
Suite 800
Toronto, Ontario M5J 2N7
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Telephone
: (416) 367-4941
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E.
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The Filer designates and appoints CT Corporation System (the Agent), located at:
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111 Eighth Avenue
New York, New York 10011
Telephone: (212) 894-8940
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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 any offering made or purported to be made in connection with the
securities registered or qualified by the Filer on Form F-10 on
September 25,
2009 or any purchases or sales of any security in connection therewith. 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 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. 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
securities to which such forms and schedules relate has ceased reporting under the Securities
Exchange Act of 1934, as amended. The Filer further undertakes to advise the Commission promptly of
any change to the Agents name or address during such 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-10, the securities to which the Form F-10
relates; and the transactions in such securities.
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
Toronto, Province of Ontario, Canada, this 25
th
day of September, 2009.
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Filer:
Fairfax Financial Holdings Limited
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By:
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/s/ Eric P. Salsberg
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Name:
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Eric P. Salsberg
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Title:
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Vice President, Corporate Affairs
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This statement has been signed by the following persons in the capacities and on the dates
indicated.
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CT Corporation System
As agent for Service of Process for
Fairfax Financial Holdings Limited
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By:
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/s/ Juan Grajeda
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Name:
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Juan Grajeda
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Title:
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Assistant Secretary
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Date: September 25, 2009
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