U.S. SECURITIES AND
EXCHANGE COMMISSION
Washington, D.C. 20549
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Amendment No. 1 to
Form F-X
APPOINTMENT OF AGENT FOR SERVICE OF
PROCESS AND UNDERTAKING
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A. |
Name of issuer or person filing (Filer): Oncolytics Biotech Inc. |
B. |
(1) This is (check one): |
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An original filing for the Filer. |
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[X] |
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) [ ] |
C. |
Identify the filing in conjunction with which this Form is being filed: |
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Name of registrant: |
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Oncolytics Biotech Inc. |
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Form type: | |
Form 40-F | |
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File Number (if known): | |
000-31062 | |
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Filed by: | |
Oncolytics Biotech Inc. | |
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Date Filed (if filed concurrently, so indicate): | |
December 8, 2000 | |
D. |
The Filer is incorporated or organized under the laws of the Province of
Alberta, Canada and has its principal place of business at Suite #210, 1167
Kensington Crescent N.W., Calgary, Alberta, Canada, T2N 1X7, telephone
number (403) 670-7377. |
E. |
The Filer designated and appoints DL Services, Inc. (Agent),
located at 1420 Fifth Avenue, Suite 3400, Seattle, Washington 98101,
telephone number (206) 903-8800, 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 (i) any offering made or purported to be made in
connection with the securities registered or qualified by the Filer on
Form 40-F filed on December 8, 2000 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 20-F or 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 Rule 10a-5 under the Trust Indenture Act of 1939. The
Filer stipulates an agrees that any such civil suit or action or
administrative proceeding may be
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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. |
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Each
person filing this Form in connection with: |
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(a) |
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the
use of Form F-9, F-10, 40-F, or SB-2 or Schedule 13E-4F, 14D-1F or 14D-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) |
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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 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) |
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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 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 during which any of the securities
subject to the indenture remain outstanding; and |
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(d) |
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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 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 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
Agents name and 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. |
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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
Calgary, Alberta, Canada on November 12, 2003.
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ONCOLYTICS BIOTECH INC.
By:
/s/ Doug Ball
Name: Doug Ball
Title: Chief FinancialOfficer
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This
statement has been signed by the following persons in the capacities and on the dates
indicated.
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DL SERVICES, INC.
By:
/s/ Alisa E. George
Name: Alisa E. George
Title: Vice President
Date: November 10, 2003
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