Form F-X
Form F-X
APPOINTMENT OF AGENT FOR SERVICE OF
PROCESS AND UNDERTAKING
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A. |
Name of issuer or person filing (Filer): Ritchie
Bros. Auctioneers Incorporated |
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B. |
This is (check one) |
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þ an original filing for the
Filer |
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an amended filing for the Filer |
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C. |
Identify the filing in conjunction with which this Form is being
filed: |
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Name of registrant: Ritchie Bros. Auctioneers Incorporated |
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Form type: Form F-10 |
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File Number (if known): 333-129557 |
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Filed by: Ritchie Bros. Auctioneers Incorporated |
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Date Filed (if filed concurrently, so indicate): Filed
Concurrently |
D. The Filer is incorporated or organized under the
laws of Canada, and has its principal place of business at: 6500
River Road, Richmond, British Columbia, Canada V6X 4G5
(telephone number (604) 273-7564).
E. The Filer designates and appoints Ritchie Bros.
Auctioneers (America) Inc. (Agent), located at 4170
Highway 154, Newnan, GA 30265-1429 (telephone number
(770) 304-3355), as the agent of the Filer upon whom may be
served any process, pleadings, subpoenas, or other papers in:
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(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 any offering made or purported
to be made in connection with the securities registered or
qualified by the Filer on Form F-10 on November 8,
2005, 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 hereby 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 Agents name or address during the
application 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
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 the
City of Richmond, Province of British Columbia, Country of
Canada this 8th day of November, 2005.
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FILER: |
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RITCHIE BROS. AUCTIONEERS
INCORPORATED |
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By: |
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/s/ ROBERT S. ARMSTRONG |
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Name: |
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Robert S. Armstrong |
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Title: |
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Vice President Finance,
Chief Financial Officer
and Corporate Secretary |
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This statement has been signed by the following person in the
capacity and on the date indicated.
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RITCHIE BROS. AUCTIONEERS |
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(AMERICA) INC., |
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as Agent for Service of Process |
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By: |
/s/ ROBERT K. WHITSIT |
Date: November 8, 2005
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