Augusta Resource Corp.: Form F-X - Filed by newsfilecorp.com

0001062993-11-002199.txt : 20110516 0001062993-11-002199.hdr.sgml : 20110516 20110516173033 ACCESSION NUMBER: 0001062993-11-002199 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20110516 DATE AS OF CHANGE: 20110516 EFFECTIVENESS DATE: 20110516 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Augusta Resource CORP CENTRAL INDEX KEY: 0001353123 STANDARD INDUSTRIAL CLASSIFICATION: GOLD & SILVER ORES [1040] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 001-32943 FILM NUMBER: 11848907 BUSINESS ADDRESS: STREET 1: #400 - 837 W. HASTINGS STREET CITY: VANCOUVER STATE: A1 ZIP: V6C3N6 BUSINESS PHONE: 6046871717 MAIL ADDRESS: STREET 1: #400 - 837 W. HASTINGS STREET CITY: VANCOUVER STATE: A1 ZIP: V6C3N6 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Augusta Resource CORP CENTRAL INDEX KEY: 0001353123 STANDARD INDUSTRIAL CLASSIFICATION: GOLD & SILVER ORES [1040] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: #400 - 837 W. HASTINGS STREET CITY: VANCOUVER STATE: A1 ZIP: V6C3N6 BUSINESS PHONE: 6046871717 MAIL ADDRESS: STREET 1: #400 - 837 W. HASTINGS STREET CITY: VANCOUVER STATE: A1 ZIP: V6C3N6 F-X 1 formfx.htm APPOINTMENT OF AGENT FOR SERVICES OF PROCESS AND UNDERTAKING Augusta Resource Corp.: Form F-X - Filed by newsfilecorp.com

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”):

B. (1) This is [check one]

[ ] an original filing for the Filer

[ X ] 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) [ ]

Note: Regulation S-T Rule 101(b)(9) only permits the filing of the Form F-X in paper:

(a) if the party filing or submitting the Form CB is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act; or

(b) if filed by a Canadian issuer when qualifying an offering statement pursuant to the provisions of Regulation A (17 CFR 230.251 - 230.263 of this chapter).

(3) a filer may also file the Form F-X in paper under a hardship exemption provided by Regulation S-T Rule 201 or 202 (17 CFR 232.201 - 232.202) . When submitting the Form F-X in paper under a hardship exemption, a filer must provide the legend required by Regulation S-T Rule 201(a)(2) or 202(c) (17 CFR 232.201(a)(2) - 232.202(c)) on the cover page of the Form F-X.

C. Identify the filing in conjunction with which this Form is being filed:

	Name of registrant:	Augusta Resource Corporation
	Form type:	Form 40-F
	File Number (if known):	001-32943
	Filed by:	Augusta Resource Corporation
	Dated Filed (if filed concurrently, so indicate): July 14, 2006

D. The Filer is incorporated or organized under the laws of Canada and has its principal place of business at (Address in full and telephone number): 400- 837 West Hastings Street, Vancouver, British Columbia, Canada V6C 3N6, telephone number (604) 687-1717.

E. The Filer designates and appoints (Name of United States person serving as agent) Dorsey & Whitney LLP (“Agent”). Located at (Address in full in the United States and telephone number): Suite 400, 1400 Wewatta St., Denver, Colorado 80202, telephone number (303) 629-3400, 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

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(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 (i) any offering made or purported to be made in connection with the securities registered or qualified by the Filer on (Name of form) Form 40-F on (Date) July 14, 2006 or any purchase or sales of any security in connection therewith; (ii) the securities in relation to which the obligation to file an annual report on Form 40-F arises, or any purchases or sales of such securities; (iii) any tender offer for the securities of a Canadian issuer with respect to which filings are made by the Filer with the Commission on Schedule 13E-4F, 14D-1F or 14D-9F; or (iv) 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 an 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. Each person filing this Form in connection with:

(a) the use of Form F-9, F-10, 40-F, or SB-2 or Schedule 13K-4F, 14D-1F or 14D-9F 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;

(b) the use of Form F-8 or Form F-80 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 following the effective date of the latest amendment to such Form F-8 or Form F-80;

(c) its status as trustee with respect to securities registered on Form F-7, F-8, F-9, F-10, F-80, or SB-2 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; and

(d) the use of Form 1-A or other Commission form for an offering pursuant to Regulation A 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 of the last sale of securities in reliance upon the Regulation A exemption.

Each 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 relevant form in conjunction with which the amendment is being filed.

G. Each person filing this Form, other than a trustee filing in accordance with General Instruction I (e) of this Form, 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 Forms, Schedules and offering statements described in General Instructions I. (a), I. (b), I. (c), I. (d) and I. (f) of this Form, as applicable; the securities to which such Forms, Schedules and offering statements relate; and the transactions in such securities.

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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 Vancouver, British Columbia, Canada on this 16th day of May, 2011.

AUGUSTA RESOURCE CORPORATION

By: /s/ Gil Clausen

Name: Gil Clausen

Its: President, Chief Executive Officer

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

Dorsey & Whitney LLP

By: /s/ Kenneth Sam

Name: Kenneth Sam

Title: Partner

Date: May 16, 2011

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