Aeterna Zentaris Inc. (Other)
September 19 2007 - 12:46PM
Edgar (US Regulatory)
U.S. 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):
Æterna Zentaris Inc.
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B.
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(1) This is (check one):
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x
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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C.
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Identify the filing in conjunction with which this form is being filed:
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Name of
registrant:
Æterna Zentaris Inc.
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Form type:
Registration Statement on Form F-10
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File number (if
known):
333-146164
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Filed
by:
Æterna Zentaris Inc.
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Date filed (if filed concurrently, so
indicate): September 19, 2007 (Form F-X
filed concurrently with
Form F-10
)
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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
1405,
boul. du Parc-Technologique, Quebec City, Quebec, Canada, G1P 4P5;
telephone: (418) 652-8525
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E.
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The Filer designates and appoints its wholly-owned Delaware incorporated subsidiary
Æterna Zentaris, Inc.
(the Agent), located
at
20 Independence Boulevard, Warren, New Jersey
07059-2731; telephone: (908) 626-5428
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 any offering made or purported to be made in connection with the
securities registered or qualified on Form F-10 on September 19, 2007 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 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 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 such 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 F-10, the securities to which
the Form F-10 relate, and the transactions in such securities.
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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 Quebec, Province of Quebec, Canada,
on September 19, 2007.
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Æterna Zentaris Inc.
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By:
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/s/ David J. Mazzo
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Name:
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David J. Mazzo
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Title:
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President and Chief Executive
Officer
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This statement has been signed by the following person in the capacity indicated on
September 19, 2007.
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Æterna Zentaris, Inc.,
as Agent for Service of Process for
Æterna Zentaris Inc.
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By:
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/s/ David J. Mazzo
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Name:
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David J. Mazzo
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Title:
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President and Chief Executive
Officer
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