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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
(“Filer”):

 

Newmont Mining B.C. Limited

 

 

 

 

 

B.

 

This is [check one]:

 

 

 

 

 

 

 

 

 

x an original filing for the Filer.

 

 

 

 

o an amended filing for the Filer.

 

 

 

 

 

 

 

C.

 

Identify the filing in conjunction with which this form is being filed:

 

 

 

 

 

 

 

Name of registrant:

 

Newmont Mining B.C. Limited

 

 

Form type:

 

Schedule 14D-1F

 

 

File number (if known):

 

 

 

 

Filed by:

 

Newmont Mining B.C. Limited and Newmont Mining Corporation

 

 

Date filed (if filed

 

November 1, 2007

 

 

concurrently, so indicate):

 

concurrent with filing of Schedule 14D-1F

 

 

 

 

 

D.

 

The Filer is incorporated or organized under the laws of

 

 

 

 

 

 

 

 

 

British Columbia, Canada

 

 

 

 

 

 

 

and has its principal place of business at:

 

 

 

 

 

 

 

 

 

355 Burrard Street, Suite 1900

 

 

 

 

Vancouver, British Columbia, Canada

 

 

 

 

V6C 2G8

 

 

 

 

 

 

 

 

 

 

E.

 

The Filer designates and appoints Newmont Mining Corporation (the “Agent”), located at:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1700 Lincoln Street

 

 

 

 

Denver, Colorado 80203

 

 

 

 

(303) 863-7414

 

 

 

 

 

 

 

 

 

 

 

 

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 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. 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 14D-1F, the securities to which the Form 14D-1F 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 Vancouver, Province of British Columbia, Canada, this 1st day of November, 2007.

 

Filer: Newmont Mining B.C. Limited

By:

/s/ Blake M. Rhodes

 

 

Name:

Blake M. Rhodes

 

Title:

Secretary

 

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

 

 

 

Newmont Mining Corporation

 

 

As agent for Service of Process for

 

 

Newmont Mining B.C. Limited

 

 

 

 

 

By:

/s/ Sharon Thomas

 

 

 

 

Name: Sharon Thomas

 

 

 

Title: Vice President and Secretary

 

 

 

Date: November 1, 2007

 

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