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"): Staples Acquisition B.V.
- B.
- (1) This
is (check one):
- (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: |
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Staples, Inc. |
Form type: |
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Form CB |
File number (if known): |
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Not known |
Filed by: |
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Staples Acquisition B.V.
Staples, Inc. |
Date filed (if filed concurrently, so indicate): |
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May 20, 2008, filed concurrently |
- D.
- The
Filer is incorporated or organized under the laws of
The Netherlands
and
has its principal place of business at
Jool Hulstraat 24, 1327 HA Almere, The Netherlands
- E.
- The
Filer designates and appoints:
Staples, Inc. (the "Agent")
located
at
Five Hundred Staples Drive,
Framingham, Massachusetts 01702
508-253-5000
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 (i) any offering made or purported to be made in connection with 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 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 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 following the effective date of the latest amendment to the Form CB. 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 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 Framingham, Massachusetts, on May 20, 2008.
|
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STAPLES ACQUISITION B.V. |
|
|
By: |
/s/ CHRISTINE T. KOMOLA Name: Christine T. Komola
Title: Director |
This
statement has been signed by the following person in the capacity indicated on May 20, 2008.
|
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STAPLES, INC.
as Agent for Service of Process for Staples Acquisition B.V. |
|
|
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By: |
/s/ KRISTIN A. CAMPBELL Name: Kristin A. Campbell
Title: Senior Vice President, General Counsel |
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