-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, HmPss9Kg/ZhdzQqnqURXDoKhXxZrTTPaLpieg8a3ZFMMOryk75bMGAt0ftv99PBD oCfomJhwQsVmjkbong9Dbg== 0001193125-09-010025.txt : 20090123 0001193125-09-010025.hdr.sgml : 20090123 20090123061355 ACCESSION NUMBER: 0001193125-09-010025 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090123 DATE AS OF CHANGE: 20090123 EFFECTIVENESS DATE: 20090123 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HudBay Minerals Inc. CENTRAL INDEX KEY: 0001322422 STANDARD INDUSTRIAL CLASSIFICATION: METAL MINING [1000] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 001-34244 FILM NUMBER: 09540360 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: 000000000 STATE OF INCORPORATION: A6 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 dfx.htm FORM F-X Form 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 person filing (“Filer”):    HudBay Minerals Inc.

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 registrant:

   HudBay Minerals Inc.
  

Form type:

   Registration Statement on Form 40-F
  

File number (if known):

   001-34244
  

Filed by:

   HudBay Minerals Inc.
  

Date filed (if filed

concurrently, so indicate)

   concurrent with filing of Form 40-F

D.

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

Dundee Place, Suite 2501

1 Adelaide Street East

Toronto, Ontario

Canada, M5C 2V9

 

(416) 362-8181

E.

   The Filer designates and appoints Bevan, Mosca, Giuditta & Zarillo, P.C. (“Agent”) located at:
     

Bevan, Mosca, Giuditta & Zarillo, P.C.

Attn: Andrew W. Bongiorno

200 Madison Avenue, Suite 510

New York, N.Y. 10016

 

(908) 385-4289


   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 (i) any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form 40-F on January 23, 2009 or any purchases 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 tot 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 1929. 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 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 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 Securities Exchange Act of 1934, as amended. The Filer further undertakes to advise the Commission promptly of any change to the Agent’s name or address during such 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 Form 40-F, the securities to which the Form 40-F 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, Canada, this 22nd day of January, 2009.

 

Filer: HudBay Minerals Inc.

    By:  

/s/ H. Maura Lendon

      Name:  H. Maura Lendon
      Title:    Vice President, General Counsel and Corporate Secretary

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

            Bevan, Mosca, Giuditta & Zarillo, P.C.
      As agent for Service of Process for
      HudBay Minerals Inc.
   

By:

 

/s/ Andrew W. Bongiorno

      Name:  Andrew W. Bongiorno
      Title:    Partner
      Date:    January 22, 2009

 

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