fvx
 

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”): Fairfax Financial Holdings 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: Fairfax Financial Holdings Limited  
 
               
 
  Form type: Registration Statement on Form F-10  
 
               
 
  File number (if known): 333-114648  
 
               
 
  Filed by: Fairfax Financial Holdings Limited  
 
               
 
  Date filed (if filed
concurrently, so indicate):
April 20, 2004  
          (concurrent with filing of Form F-10)    
 
               
D.   The Filer is incorporated or organized under the laws of
 
               
          Canada    
 
               
    and has its principal place of business at
 
               
          95 Wellington Street West    
          Suite 800    
          Toronto, Ontario M5J 2N7    
 
               
          Telephone: (416) 367-4941    
 
               
E.   The Filer designates and appoints CT Corporation System (the “Agent”), located at:
 
               
          111 Eighth Avenue    
          New York, New York 10011    
          Telephone: (212) 894-8700    

 


 

    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 offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form F-10 on April 20, 2004 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 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 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 F-10, the securities to which the 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 Toronto, Province of Ontario, Canada, this 20th day of April, 2004.

         
     
Filer: Fairfax Financial Holdings Limited By:   /s/ Bradley P. Martin    
    Name:   Bradley P. Martin   
    Title:   Vice President and Corporate Secretary  

 


 

         

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

         
  CT Corporation System
As agent for Service of Process for
Fairfax Financial Holdings Limited
 
 
 
  By:   /s/  Sheila Clark  
    Name:  Sheila Clark  
    Title:    Assistant Secretary  
  Date:   April 20, 2004