- Amended Appointment of Agent for Service of Process and Undertaking (F-X/A)
09 Mayo 2012 - 5:08AM
Edgar (US Regulatory)
U.S. SECURITIES
AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-X/A
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS
AND UNDERTAKING
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A.
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Name of issuer or person filing (Filer):
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QUEST RARE MINERALS LTD. MINÉRAUX RARES QUEST LTÉE
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B.
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(1)
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This is
[check one]
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¨
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An original filing for the Filer.
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þ
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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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Quest Rare Minerals Ltd. Minéraux Rares Quest Ltée
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Form type:
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Registration Statement on Form 40-F
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File Number (if known):
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001-35100
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Filed by:
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Quest Rare Minerals Ltd. Minéraux Rares Quest Ltée
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Date Filed (if filed concurrently, so indicate):
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March 4, 2011
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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 1155 University Street, Suite 1308, Montreal,
Québec, Canada H3B 3A7 (telephone: (514) 878-3551).
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E.
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The Filer designates and appoints Torys LLP (the
Agent
), located at 1114 Avenue of the Americas, 23rd Floor, New York, New York 10036, Attention:
Andrew J. Beck, 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 by the Filer on Form 40-F on March 4, 2011 (the
Form 40-F
) 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 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 such forms and schedules relate 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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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, thereto duly authorized, in Montreal, Québec, Canada on this 8th day of May, 2012.
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QUEST RARE MINERALS LTD.
MINÉRAUX RARES QUEST LTÉE
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By:
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/s/ Neil Wiener
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Name: Neil Wiener
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Title: Secretary and Director
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This statement has been signed by the following person in the capacity and on the date indicated:
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TORYS LLP
as agent for service of process
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By:
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/s/ Andrew J. Beck
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Andrew J. Beck
Authorized
Signatory
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Date:
May 8, 2012
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