F-X
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
Form F-X |
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OMB APPROVAL |
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OMB Number: 3235-0379
Expires: February 28, 2007
Estimated average burden
hours per response . . . 2.0
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APPOINTMENT OF AGENT
FOR SERVICE OF PROCESS AND UNDERTAKING
| A. |
Name
of issuer or person filing (“Filer”): Emblaze Ltd. |
| B. |
(1) |
This
is [check one] |
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x |
an original filing for the Filer |
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o
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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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Note: Regulation S-T Rule 101(b)(9)
only permits the filing of the Form F-X in paper.
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(a) |
if
the party filing or submitting the Form CB is not subject to the reporting
requirements of Section 13 or 15(d) of the Exchange Act; or |
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(b) |
if
filed by a Canadian issuer when qualifying an offering statement pursuant to
the provisions of Regulation A(230.251 – 230.263 of this
chapter). |
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(3) |
A
filer may also file the Form F-X in paper under a hardship exemption provided
by Regulation S-T Rule 201 or 202 (17 CFR 232.201 or 232.202). When
submitting the form F-X in paper under hardship exemption, a filer must
provide the legend required by Regulation S-T Rule 201(a)(2) or 202(c) (17
CFR 232.201(a) or 232.202(c)) on the cover page of the Form F-X. |
| C. |
Identify
the filing in conjunction with which this Form is being filed: |
Name of registrant
Formula Systems (1985) Ltd.
Form Type Form CB
File Number (if known) 005-56313
Filed By Emblaze Ltd.
Dated Filed (if filed concurrently, so indicate) concurrently
| D. |
The
Filer is incorporated or organized under the laws of Israel and has
principal place of business at |
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22
Zarhin Street, Ra’anana |
| E. |
The
Filer designates and appoints (Name of United States person serving as agent) |
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Bank
of New York (“Agent”) located at (Address in full in the United States and
telephone number 11W, 101 Barclay Street, New York, NY 10286, Tel: 212-815-2141 as
the agent of the Filer upon whom may be served any process, pleading, subpoenas, or other
papers in |
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(a) |
any
investigation or administrative proceeding conducted by the Commission; an |
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(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
February 6, 2007 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 are made by the Filer with
the Commission on Schedule 13E-4F, 14D-1F or 14D-9F; or (iv) the securities in relation 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. |
Each
person filing this Form in connection with: |
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(a) |
the
use of Form F-9, F-10, 40-F, or SB-2 or Schedule 13E-4F, 14D-1F or 14F-9F
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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(b) |
the
use of Form F-8, Form F-80 or form CB stipulates and agree 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 following the effective date of the latest amendment to
such Form F-8, Form F-80 or Form CB. |
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(c) |
Its
status as trustee with respect to securities registered on Form F-7, F-8,
F-9, F-10, F-80 or SB-2 stipulates and agrees to appoint a successor
agent for service of process and file and 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 during which any of
the securities subject to the indenture remain outstanding; and |
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(d) |
The
use of Form 1-A or other Commission form for an offering pursuant to
Regulation A stipulates and agrees to appoint a successor agent for
service of process and file and 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 of the last sale of securities in reliance upon
the Regulation A exemption. |
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Each
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. |
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 Ra’anana
Country of Israel this Sixth day of February, 2007
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Emblaze Ltd.
By: /s/ Guy Bernstein
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Guy Bernstein, Chief Executive Officer |
This statement has been signed by
the following persons in the capacities and on the dates indicated.
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/s/ Guy Bernstein
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Chief Executive Officer
February 6, 2007 |
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