U.S. Securities and Exchange
Commission
Washington, D.C.
20549
Form F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS AND
UNDERTAKING
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| A. |
Name of issuer or persons filing (“Filers”):
Enbridge Inc. and Enbridge Finance Company Inc.
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þ An
original filing for the Filers.
o An
amended filing for the Filers.
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| C. |
Identify the filing in conjunction with which this form is being
filed:
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Name of registrants: Enbridge Inc. and Enbridge Finance
Company Inc.
Form type: F-10
File number (if known):
Filed by: Enbridge Inc. and Enbridge Finance Company
Inc.
Date filed (if filed concurrently, so indicate): July 29,
2008 (filed concurrently)
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| D. |
The Filers are incorporated or organized under the laws of
Canada and have their principal place of business at:
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3000, 425 - 1st Street S.W.
Calgary, Alberta, Canada T2P 3L8
(403) 231-3900
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| E. |
Each Filer designates and appoints
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Chris Kaitson
Enbridge (U.S.) Inc.
located at:
1100 Louisiana, Suite 3200
Houston, Texas 77002
(713) 650-8900
as the agent (“Agent”) of such 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 such Filer or
to which such 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 such Filer on
Form F-10
filed on July 29, 2008 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 to which filings are made by such Filer with
the Commission on Schedule 13E-4F, 14D-1F or 14D-9F; or
(iv) the securities in relation to which such Filer acts as
trustee pursuant to
Rule 10a-5
under the Trust Indenture Act of 1939. Each Filer
stipulates and agrees that any such civil suit or action or
administrative process 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.
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| F. |
Each 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 Exchange Act. 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.
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| 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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Each 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 Calgary, Province of Alberta, and Country of Canada this
28th day of July, 2008.
Enbridge Inc.
Filer
Name: Wanda Opheim
Title: Vice President, Treasury & Tax
Name: Alison T. Love
Title: Vice President & Corporate Secretary
Enbridge Finance Company Inc.
Filer
Name: Wanda Opheim
Title: Treasurer
Name: Alison T. Love
Title: Corporate Secretary
This statement has been signed by the following person in the
capacity and on the date indicated.
As Agent for Service of Process for Enbridge Inc. and Enbridge
Finance Company Inc. in the United States
Name: Chris Kaitson
Title: Associate General Counsel
Date: July 28, 2008
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