SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF
PROCESS AND UNDERTAKING
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A. | Name of issuer or person filing (“Filer”): Banro Corporation |
B. | This is (check one): |
[X] | An original filing for the Filer. |
[ ] | An amended filing for the Filer. |
C. | Identify the filing in conjunction with which this form is being filed: |
Name of registrant: | Banro Corporation | ||||
Form type: | Form 40-F | ||||
File number (if known): | 001-32399 | ||||
Filed by: | Banro Corporation | ||||
Date filed (if filed concurrently, so indicate): | December 30, 2004 |
D. | The Filer is incorporated or organized under the laws of |
Canada |
and has its principal place of business at |
1 First Canadian Place 100 King Street West, Suite 7070 Toronto, Ontario M5X 1E3 (416) 366-2221 |
E. | The Filer designates and appoints |
Martin Pomerance Dorsey & Whitney LLP 250 Park Avenue New York, New York 10177, USA (212) 415-9200 |
as the agent (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 securities registered or qualified by the Filer on Form 40-F on the date hereof 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 the 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 following the effective date of the latest amendment to the Form 40-F. 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 40-F, the securities to which the Form 40-F 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 Toronto, Ontario, Canada, on January 24, 2005.
BANRO CORPORATION By /s/ Peter N. Cowley Peter N. Cowley President and Chief Executive Officer |
This statement has been signed by the following person in the capacity indicated on January 24, 2005.
/s/ Martin Pomerance Martin Pomerance Agent for Service |