Appointment of Agent for Service of Process and Undertaking (f-x)
March 28 2016 - 9:03AM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_______________________
FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF
PROCESS AND
UNDERTAKING
_______________________
A.
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Name of issuer or person filing
(Filer):
Banro Corporation
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B.
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(1)
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This is (check one):
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[X]
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An original filing for the Filer.
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[ ]
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An amended filing for the Filer.
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(2)
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Check the following box if you are filing the
Form F-X in paper in accordance with Regulation S-T Rule 101(b)(9) [
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C.
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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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Banro Corporation
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Form type:
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Form 40-F
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File number (if known):
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001-32399
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Filed by:
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Banro Corporation
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Date filed (if filed concurrently, so indicate):
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March 28, 2016 (filed concurrently)
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D.
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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,
Canada M5X 1E3; telephone (416) 366-2221.
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E.
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Filer designates and appoints
DL Services Inc.
(Agent), located at
Suite 6100 701 5
th
Avenue, Seattle, WA 98104-7043; telephone (206) 903-8800
as the agent of the Filer upon whom may be served any process,
pleadings, subpoenas, or other papers in:
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(a)
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any investigation or administrative proceeding conducted
by the Commission; and
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(b)
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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 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. 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.
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F.
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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 the Form 40-F
relates has ceased reporting under the Exchange Act.
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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.
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G.
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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.
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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, thereunto duly authorized, in Toronto,
Ontario, Canada, on March 28, 2016.
BANRO CORPORATION
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By:
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/s/
Kevin Jennings
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Name:
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Kevin Jennings
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Title:
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Chief Financial Officer
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This statement has been signed by
the following person in the capacity indicated on March 28, 2016.
DL Services Inc.
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as Agent for Service of Process for Banro
Corporation
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By:
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/s/ Sheri Berndt-Smith
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Name:
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Sheri Berndt-Smith
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Title:
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Vice President
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