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”): Sprott
Physical Platinum and Palladium Trust |
| B. | (1)
This is [check one] |
☒
an original filing for the Filer
☐ an
amended filing for the Filer
(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) ☐
C.
Identify the filing in conjunction with which this Form is being filed:
| Name of registrant: |
Sprott Physical Platinum
and Palladium Trust |
| |
|
| Form type: |
Form F-10 |
| |
|
| File Number (if known): |
333-266898 |
| |
|
| Filed by: |
Sprott Physical Platinum and Palladium Trust |
| Date
Filed (if filed concurrently, so indicate): |
August
15, 2022 (concurrently with the Form F-10) |
| D. | The
Filer is incorporated or organized under the laws of Ontario, Canada and has its principal place of business at |
Royal
Bank Plaza
South
Tower
200
Bay Street, Suite 2600
Toronto,
Ontario
Canada
M5J 2J1
(416)
943-8099
| E. | The
Filer designates and appoints Puglisi & Associates (“Agent”), located at: |
Puglisi
& Associates
850
Library Avenue, Suite 204
Newark,
Delaware 19711
Telephone:
(302) 738-6680
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 Securities and Exchange Commission (“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
(i) any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form F-10
on August 15, 2022 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 the Filer with the Commission on Schedule 13E-4F,
14D-1F or 14D-9F; or (iv) the securities in relation to which the Filer acts as trustee pursuant to an exemption under Rule 10a-5
under the Trust Indenture Act of 1939. 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 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 this Form F-10 relates has ceased reporting under the Exchange
Act. The Filer further undertakes to advise the Commission promptly of any change to the Agent’s 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 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, Country of Canada, on this 15th
day of August, 2022.
| Filer: |
Sprott Physical Platinum
and Palladium Trust |
|
| |
|
|
| By: |
/s/ John
Ciampaglia |
|
| Name: |
John Ciampaglia |
|
| Title: |
Chief Executive Officer |
|
This
statement has been signed by the following person in the capacity and on the date indicated.
Puglisi
& Associates
As
Agent for Service of Process for
Sprott
Physical Platinum and Palladium Trust
| By: |
/s/
Donald J. Puglisi |
|
| Name: |
Donald J. Puglisi |
|
| Title: |
Managing Director |
|
| |
|
|
| Date: |
August
15, 2022 |
|