0001140361-17-011639.txt : 20170310 0001140361-17-011639.hdr.sgml : 20170310 20170310164905 ACCESSION NUMBER: 0001140361-17-011639 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20170310 DATE AS OF CHANGE: 20170310 EFFECTIVENESS DATE: 20170310 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: ALGONQUIN POWER & UTILITIES CORP. CENTRAL INDEX KEY: 0001174169 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 000-53808 FILM NUMBER: 17682770 BUSINESS ADDRESS: STREET 1: 354 DAVIS ROAD CITY: OAKVILLE STATE: A6 ZIP: L6J2X1 BUSINESS PHONE: 0000000000 MAIL ADDRESS: STREET 1: 354 DAVIS ROAD CITY: OAKVILLE STATE: A6 ZIP: L6J2X1 FORMER COMPANY: FORMER CONFORMED NAME: ALGONQUIN POWER INCOME FUND DATE OF NAME CHANGE: 20020523 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: ALGONQUIN POWER & UTILITIES CORP. CENTRAL INDEX KEY: 0001174169 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: 354 DAVIS ROAD CITY: OAKVILLE STATE: A6 ZIP: L6J2X1 BUSINESS PHONE: 0000000000 MAIL ADDRESS: STREET 1: 354 DAVIS ROAD CITY: OAKVILLE STATE: A6 ZIP: L6J2X1 FORMER COMPANY: FORMER CONFORMED NAME: ALGONQUIN POWER INCOME FUND DATE OF NAME CHANGE: 20020523 F-X 1 formfx.htm ALGONQUIN POWER AND UTILITIES CORP F-X 3-10-2017
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 person filing (“Filer”):
Algonquin Power & Utilities Corp.

B.
(1) This is [check one]:
☒ 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 registrant:
Algonquin Power & Utilities Corp.
Form type:
Form F-10
File Number (if known):
000-53808
Filed by:
Algonquin Power & Utilities Corp.
Date Filed (if filed concurrently, so indicate):
March 10, 2017
 
(concurrently herewith)

D.
The Filer is incorporated or organized under the laws of Canada and has its principal place of business at:

354 Davis Road,
Oakville, Ontario
L6J 2X1
(905) 465-4500

E.
The Filer designates and appoints C T Corporation System (“Agent”) located at:

111 Eighth Avenue
New York, New York 10011
(212) 894-8940

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 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 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 Form F-10, the securities to which 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 Oakville, Province of Ontario, Country of Canada, this 10th day of March, 2017.

 
ALGONQUIN POWER & UTILITIES CORP.
       
 
By:
  
/s/ David Bronicheski
     
Name: David Bronicheski
     
Title: Chief Financial Officer
 
This statement has been signed by the following person in the capacity and on the date indicated.

C T Corporation System
(as Agent for Service of Process)

 
/s/ Mark Diffenbaugh
  
 
Name: Mark Diffenbaugh
  
 
Title: Assistant Secretary
  

Date: March 10, 2017
 
 
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