UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS AND UNDERTAKING
A.Nameofissuerorpersonfiling(“Filer”):CFR Pharmaceuticals S.A.
B. (1) This is [check one]
ýanoriginalfilingfortheFiler
oan 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)o
C. Identify the filing in conjunction with which this Form is being filed:
NameofregistrantCFR Pharmaceuticals S.A.
FormtypeFormCB
FileNumber(ifknown)
FiledbyCFR Pharmaceuticals S.A.
Date Filed (if filed concurrently, so indicate)November 15, 2013 (filed concurrently with Form CB)
D. The Filer is incorporated or organized under the laws ofChile and has its principal place of business atCFR Pharmaceuticals S.A.,Av. Pedro de Valdivia 295 Providencia Santiago, Chile, (56-2) 2350 5200.
E. The Filer designates and appointsCT Corporation System (“Agent”) located at111 Eighth Avenue, New York, New York 10011, (212) 894-8940as 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 (i) any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form CB on the date hereof 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 aremadebytheFilerwiththeCommissiononSchedule13E-4F,14D-1For14D-9F;or(iv)thesecuritiesinrelation 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.EachpersonfilingthisForminconnectionwith:
(a)theuseofFormF-10,40-ForSchedule13E-4F,14D-1For14D-9Fstipulatesandagrees
to appoint a successor agent for service of process and file an amended Form F-X if the Filer discharges theAgent or theAgent 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 such Forms and Schedules relate has ceased reporting under the ExchangeAct;
(b) the use of Form F-8, Form F-80 or Form CB stipulates and agrees to appoint a successor agent for service of process and file an amended Form F-X if the Filer discharges theAgent or theAgent is unwilling or unable to accept service on behalf of the Filer at any time until six years have elapsed followingtheeffectivedateofthelatestamendmenttosuchFormF-8,FormF-80orFormCB;
(c) its status as trustee with respect to securities registered on Form F-7, F-8, F-10, F-80 stipulates and agrees to appoint a successor agent for service of process and file an amended Form F-X if the Filer discharges theAgent or theAgent is unwilling or unable to accept service on behalf of the Filer at any time during which any of the securities subject to the indenture remain outstanding; and
(d) the use of Form 1-Aor other Commission form for an offering pursuant to RegulationAstipulates and agrees to appoint a successor agent for service of process and file an amended Form F-X if the Filer discharges theAgent or theAgent is unwilling or unable to accept service on behalf of the Filer at any time until six years have elapsed from the date of the last sale of securities in reliance upon the RegulationAexemption.
Each filer further undertakes to advise the Commission promptly of any change to theAgent’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.Each person filing this Form, other than a trustee filing in accordance with General Instruction I. (a) of this Form, 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 Forms, Schedules and offering statements described in General Instructions I. (a), I. (b), I. (c), I. (d) and I. (f) of this Form, as applicable; the securities to which such Forms, Schedules and offering statements relate; 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 Santiago, Chile, this 15 day of November, 2013.
[Signature Page follows]
CFR PHARMACEUTICALS S.A. | |||
By: |
_____________________________________ Name: Patricio Vargas Title: Chief Financial Officer/ Attorney in Fact Date: November 15, 2013 |
CFR PHARMACEUTICALS S.A. | |||
By: |
___________________________________ Name: Agustin Eguiguren Title: General Counsel/ Attorney in Fact Date: November 15, 2013 |
This statement has been signed by the following person in the capacity and on the date indicated.
CT CORPORATION SYSTEM as Agent for Service of Process forCFR Pharmaceuticals S.A. | |||
________________________________ Name: David Stephani |