0001104659-15-026170.txt : 20150407 0001104659-15-026170.hdr.sgml : 20150407 20150407135902 ACCESSION NUMBER: 0001104659-15-026170 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20150407 DATE AS OF CHANGE: 20150407 EFFECTIVENESS DATE: 20150407 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HudBay Minerals Inc. CENTRAL INDEX KEY: 0001322422 STANDARD INDUSTRIAL CLASSIFICATION: METAL MINING [1000] IRS NUMBER: 980485558 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 333-203278 FILM NUMBER: 15755917 BUSINESS ADDRESS: STREET 1: 201 PORTAGE AVENUE, SUITE 1906 CITY: WINNEPEG STATE: A2 ZIP: R3B 3L3 BUSINESS PHONE: (204) 949-4261 MAIL ADDRESS: STREET 1: 201 PORTAGE AVENUE, SUITE 1906 CITY: WINNEPEG STATE: A2 ZIP: R3B 3L3 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HudBay Minerals Inc. CENTRAL INDEX KEY: 0001322422 STANDARD INDUSTRIAL CLASSIFICATION: METAL MINING [1000] IRS NUMBER: 980485558 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: 201 PORTAGE AVENUE, SUITE 1906 CITY: WINNEPEG STATE: A2 ZIP: R3B 3L3 BUSINESS PHONE: (204) 949-4261 MAIL ADDRESS: STREET 1: 201 PORTAGE AVENUE, SUITE 1906 CITY: WINNEPEG STATE: A2 ZIP: R3B 3L3 F-X 1 a15-8146_2fx.htm F-X

 

UNITED STATES

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 persons filing (“Filers”):

HudBay Minerals Inc.
Hudson Bay Mining and Smelting Co., Limited
Hudson Bay Exploration and Development Company Limited
HudBay Marketing & Sales Inc.

 

 

 

B.

(1)

This is [check one]:

 

 

 

 

 

 

x an original filing for the Filers.

 

 

 

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 registrants:

HudBay Minerals Inc.
Hudson Bay Mining and Smelting Co., Limited
Hudson Bay Exploration and Development Company Limited
HudBay Marketing & Sales Inc.

 

 

 

 

Form type:

Registration Statement on Form F-10

 

 

 

 

File number (if known):

333-203278

 

 

 

 

Filed by:

HudBay Minerals Inc.

Hudson Bay Mining and Smelting Co., Limited

Hudson Bay Exploration and Development Company Limited
HudBay Marketing & Sales Inc.

 

 

 

 

Date filed (if filed concurrently, so indicate):

April 7, 2015 (filed concurrently)

 

 

 

D.

The Filers are incorporated or organized under the laws of

 

 

 

 

 

 

Canada

 

 

 

 

 

 

and have their principal place of business at

 

 

 

 

 

 

25 York Street, Suite 800
Toronto, Ontario
M5J 2V5, Canada
Telephone: (416) 362-8181

 

 

 

 

 

E.

The Filers designate and appoint Corporation Service Company (the “Agent”), located at:

 

 

 

 

 

 

1180 Ave of the Americas, Suite 210
New York, NY 10036
Telephone: (212) 299-5600

 

 


 

as the agent of the Filers 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 Filers or to which the Filers have 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 Filers on Form F-10 on April 7, 2015, as it may be amended from time to time, or any purchases or sales of any security in connection therewith. The Filers stipulate and agree 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 Filers stipulate and agree to appoint a successor agent for service of process and file an amended Form F-X if the Filers discharge the Agent or the Agent is unwilling or unable to accept service on behalf of the Filers 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 Filers further undertake 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 Filers undertake 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; and the transactions in such securities.

 

2


 

The Filers certify that they have 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, country of Canada, this 7th day of April, 2015.

 

 

HUDBAY MINERALS INC.

 

 

 

HUDSON BAY MINING AND SMELTING CO., LIMITED

 

 

 

HUDSON BAY EXPLORATION AND DEVELOPMENT COMPANY LIMITED

 

 

 

HUDBAY MARKETING & SALES INC.

 

 

 

By:

/s/ Patrick Donnelly

 

Name:

Patrick Donnelly

 

Title:

Vice President, General Counsel and Corporate Secretary

 

3


 

This statement has been signed by the following persons in the capacities and on the dates indicated.

 

 

 

 

CORPORATION SERVICE COMPANY
as Agent for Service of Process for the Filers

 

 

 

By:

/s/ David Nickelsen

 

Name:

David Nickelsen

 

Title:

Assistant Vice President

 

Date:

April 7, 2015

 

4