Appointment of Agent for Service of Process and Undertaking (f-x)
05 May 2022 - 08:04PM
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 (“Filers”): |
BNY
Trust Company of Canada |
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 registrants: |
Canadian
National Railway Company |
|
|
|
|
Form type: |
Form F-10 |
|
|
|
|
File
number (if known): |
To
be assigned |
|
|
|
|
Filed
by: |
Canadian
National Railway Company |
|
|
|
|
Date
filed (if filed concurrently, so indicate): |
Concurrently
(May 4, 2022) |
D. |
The
Filer is incorporated or organized under the laws of Canada and has
its principal place of business at: |
|
|
|
BNY
Trust Company of Canada
1 York Street, 6th Floor
Toronto, Ontario M5J OB6
Email: csmtoronto@bnymellon.com
Tel: (416) 933-8500 |
E. |
The
Filer designates and appoints |
|
|
|
The
Bank of New York Mellon |
|
|
|
located
at: |
|
|
|
240
Greenwich Street, Floor 7 East,
New York, NY 10286, U.S.A.
Atten: International Corporate Trust
Telephone: 212-815-2719 |
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 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 indenture
remain outstanding. |
The Filer further undertakes to advise the Commission promptly of
any change to the Agent's name and address during the applicable
period by amendment of this Form, referencing the file number of
the Form F-10.
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 to which this Form F-X relates; 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 and Country of Canada and in the City of New
York, State of New York and Country of the United States of
America, on this 4th day of April, 2022.
|
BNY
Trust Company of Canada |
|
Filer |
|
|
|
By: |
/s/ Pierre
Tremblay |
|
|
Name: |
Pierre
Tremblay |
|
|
Title: |
Vice-President |
This statement has been signed by the following person in the
capacity indicated on April 4, 2022.
|
The
Bank of New York Mellon
|
|
As agent for Service of Process for BNY Trust
Company of Canada in the United States |
|
|
|
|
|
By: |
/s/ Lesley
Daley |
|
|
Name: |
Lesley
Daley |
|
|
Title: |
Vice
President |
Canadian National Railway (NYSE:CNI)
Historical Stock Chart
From May 2022 to Jun 2022
Canadian National Railway (NYSE:CNI)
Historical Stock Chart
From Jun 2021 to Jun 2022