Appointment of Agent for Service of Process and Undertaking (f-x)
19 November 2021 - 12:32AM
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”): Fairfax
Financial Holdings Limited
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B.
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(1) This is [check one]:
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x
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an original filing for the Filer
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¨
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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. Identify the filing in conjunction with which
this form is being filed:
Name of Registrant:
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Fairfax Financial Holdings Limited
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Form Type:
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Schedule 13E-4F
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File Number (if known):
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005-78668
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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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November 18, 2021 (filed concurrently)
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D. Filer is incorporated or organized under the
laws of Canada and has its principal place of business at 95 Wellington Street West, Suite 800, Toronto, Ontario M5J 2N7,
Canada, (416) 367-4941.
E. The Filer designates and appoints Fairfax
(US) Inc. (the “Agent”), located at 2850 Lake Vista Drive, Suite 150, Lewisville, TX 75067, (972) 318-6100,
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 Schedule 13E-4F on November 18, 2021, 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 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 Schedule 13E-4F; the securities to which the Schedule 13E-4F
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 the City of Toronto, Province of Ontario, Canada, on November 18, 2021.
Filer:
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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 and Corporate Secretary
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This statement has been signed by the following
person in the capacity and on the date indicated:
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Fairfax (US) Inc.
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as agent for service of process
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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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Director and Vice President
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Dated: November 18, 2021
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