-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ADwzFBIhaGI871H8vNH4EtZIWHk77/2WJLzeHpF5XrqLPpEXRatPcXQTNkLPSm0T J0a9DFCyV87rG9RQm/Ajwg== 0001104659-09-056188.txt : 20090924 0001104659-09-056188.hdr.sgml : 20090924 20090924171941 ACCESSION NUMBER: 0001104659-09-056188 CONFORMED SUBMISSION TYPE: F-X PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090924 EFFECTIVENESS DATE: 20090924 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DRAGONWAVE INC CENTRAL INDEX KEY: 0001178946 IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: F-X SEC ACT: 1933 Act SEC FILE NUMBER: 333-162115 FILM NUMBER: 091085639 BUSINESS ADDRESS: STREET 1: 411 LEGGET DRIVE STREET 2: SUITE 600 CITY: OTTAWA STATE: A6 ZIP: K2K 3C9 BUSINESS PHONE: 613-599-9991 MAIL ADDRESS: STREET 1: 411 LEGGET DRIVE, SUITE 600 CITY: OTTAWA STATE: A6 ZIP: K2K 3C9 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: DRAGONWAVE INC CENTRAL INDEX KEY: 0001178946 IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: F-X BUSINESS ADDRESS: STREET 1: 411 LEGGET DRIVE STREET 2: SUITE 600 CITY: OTTAWA STATE: A6 ZIP: K2K 3C9 BUSINESS PHONE: 613-599-9991 MAIL ADDRESS: STREET 1: 411 LEGGET DRIVE, SUITE 600 CITY: OTTAWA STATE: A6 ZIP: K2K 3C9 F-X 1 a09-23476_3fx.htm F-X

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM F-X

 

APPOINTMENT OF AGENT FOR SERVICE OF

PROCESS AND UNDERTAKING

 

A. Name of issuer or person filing (“Filer”):  DragonWave Inc.

 

B. (1) This is (check one):

 

x An original filing for the Filer.

 

o An 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:

 

Name of registrant:

 

DragonWave Inc.

Form type:

 

Form F-10

File number (if known):

 

333-162115

Filed by:

 

DragonWave Inc.

Date filed (if filed concurrently, so indicate):

 

September 24, 2009 (filed concurrently)

 

D. The Filer is incorporated or organized under the laws of Canada and has its principal place of business at 411 Legget Drive, Suite 600, Ottawa, Ontario, Canada, K2K 3C9; telephone (613) 599-9991.

 

E. Filer designates and appoints Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808; telephone (800) 927-9800 as 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 the securities registered or qualified by the Filer on Form F-10 on September 24, 2009 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 from the date the issuer of the securities to which the Form F-10 relates has ceased reporting under the Exchange Act.

 


 

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 F-10, the securities to which the Form F-10 relates, and the transactions in such securities.

 

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 the City of Ottawa, Ontario, Country of Canada, on the 24 day of September, 2009.

 

 

DRAGONWAVE INC.

 

 

 

 

 

 

 

By:

 

/s/ Peter Allen

 

 

Name:

Peter Allen

 

 

Title:

Chief Executive Officer

 

 

This statement has been signed by the following person in the capacity indicated on September 24, 2009.

 

 

Corporation Service Company

 

as Agent for Service of Process for DragonWave Inc.

 

 

 

 

 

 

 

By:

 

/s/ Karin L. Dunn

 

 

Name:

Karin L. Dunn

 

 

Title:

Assistant VP

 

2

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