F-X
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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Name of issuer or person filing (Filer): Westport Innovations Inc. |
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(1) This is [check one]: |
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þ an original filing for the Filer |
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o an amended filing for the Filer |
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(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) o |
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Identify the filing in conjunction with which this form is being filed: |
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Name of Registrant:
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Westport Innovations Inc. |
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Form type:
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Registration Statement on Form F-10 |
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File Number (if known):
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333-160709 |
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Filed by:
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Westport Innovations Inc. |
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Date Filed (if filed
concurrently, so indicate):
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July 20, 2009, concurrently with Form F-10 |
D. Filer is incorporated or organized under the laws of Alberta and has its principal place of
business at Suite 101, 1750 West 75th Avenue, Vancouver, British Columbia, Canada V6P
6G2, telephone number (604) 718-2000.
E. Filer designates and appoints CT Corporation (Agent), located at 111 Eighth Avenue,
13 thFloor, New York, New York 10011, telephone number (212) 894-8940, 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 July
20, 2009, 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 stipulates and agrees in connection with the use of Form F-10 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 Filer 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 applicable 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 the Form F-10; the securities to which the
Form F-10 relates; and the transactions in such securities.
SIGNATURES
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, thereto duly authorized, in the
City of Vancouver, British Columbia, Country of Canada this 20th day of July 2009.
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Westport Innovation Inc. |
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By:
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/s/ W. Chipman Johnston |
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Name:
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W. Chipman Johnston |
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Title:
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Corporate Secretary |
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Dated: July 20, 2009 |
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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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CT Corporation
(Agent for Service) |
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By:
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/s/ James Martin |
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Name:
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James Martin |
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Title:
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Assistant Secretary |
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Dated: July 20, 2009 |
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