Appointment of Agent for Service of Process and Undertaking (f-x)
07 Octobre 2014 - 11:22PM
Edgar (US Regulatory)
U.S. 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 (the "Filer"): SEARS CANADA INC.
B. (1)
This is [check one]:
- ý
- an
original filing for the Filer
- o
- 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)
o
C. Identify
the filing in conjunction with which this form is being filed:
|
|
|
Name of Registrant: |
|
Sears Canada Inc. |
Form Type: |
|
Registration Statement on Form F-10 |
File Number (if known): |
|
333-199198 |
Filed by: |
|
Sears Canada Inc. |
Date Filed (if filed concurrently, so indicate): |
|
October 7, 2014 (filed concurrently) |
D. Filer
is incorporated or organized under the laws of Canada and has its principal place of business at 290 Yonge Street, Suite 700, Toronto, Ontario, Canada, M5B 2C3
(telephone: (416) 941-4413).
E. The
Filer designates and appoints Torys LLP (the "Agent"), located at 1114 Avenue of the
Americas, 23rd Floor, New York, New York, 10036, Attention: Mile T. Kurta (telephone: (212) 880-6000), 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 any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form F-10 on the date hereof (the "Form F-10")
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.
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 the securities to which such forms and schedules relate has ceased
reporting under the Exchange Act.
The
Filer further undertakes to advise the 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.
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, thereto duly authorized, in Toronto,
on October 7, 2014.
|
|
|
|
|
|
|
Filer: |
|
SEARS CANADA INC. |
|
|
By: |
|
/s/ E.J. Bird
|
|
|
|
|
Name: |
|
E.J. Bird |
|
|
|
|
Title: |
|
Executive Vice-President and Chief Financial Officer |
This
statement has been signed by the following person in the capacity and on the date indicated:
|
|
|
|
|
|
|
|
|
TORYS LLP |
|
|
as agent for service of process |
|
|
By: |
|
/s/ Mile T. Kurta
|
|
|
|
|
Name: |
|
Mile T. Kurta |
|
|
|
|
Title: |
|
Partner |
|
|
Dated: October 7, 2014 |
2
Sears Canada (CE) (USOTC:SRSCQ)
Graphique Historique de l'Action
De Mai 2024 à Juin 2024
Sears Canada (CE) (USOTC:SRSCQ)
Graphique Historique de l'Action
De Juin 2023 à Juin 2024