PARAGRAPH EIGHT. The Executive agrees that, prior to the expiration of the Notice Period, he will return to the Company all literature, correspondence, memoranda, reports, summaries, manuals, proposals, prospectuses, contracts and other documents of any kind which relate in any way to the business of the Company, including specifically all materials which comprise or refer to the Company's Confidential Information. It is understood and agreed that the Executive will not retain any copy, facsimile or note intended to memorialize any such data.
PARAGRAPH EIGHT. Without prejudice to the provisions in Paragraphs One, Two, Three and Four of this Clause, the BENEFICIARY is discharged from complying with the obligation provided for in subsection eleven of this Clause, should be evidenced in Audited Financial Statements or according to report of external auditors registered with the Brazilian Securities and Exchange Commission – CVM that payment of subscribed capital was made at the amount equal or higher than one million, eight hundred thousand reais (R$ 1,800,000.00), as from January 1,2005. CLAUSE TEN SPECIAL OBLIGATIONS OF THE INTERVENING PARTY
PARAGRAPH EIGHT. Any notice under the terms of Paragraph Seven above shall be valid and deemed delivered on the date it is received, as evidenced by a protocol signed by BENEFICIARY or, when transmitted by fax or sent by mail, by a notice of receipt.
PARAGRAPH EIGHT. BNDES reserves the right to request the reassessment of encumbered properties, if there has been any depreciation of the guarantee, at its discretion.
PARAGRAPH EIGHT. Notwithstanding the provisions contained in this section, the Contracting Shareholders are not forbidden from resorting to the Judiciary Branch in order to: (i) obtain provisional measures (or any other recourse that cannot be obtained in the scope of the Brazilian arbitration legislation), to protect rights prior to the installation of the arbitration, which shall prevail only until they are reanalyzed by the arbitral court, provided that any proceeding in that sense shall not be considered as an act of waiver of arbitration as the sole means of solving conflicts, elected by the parties to the controversy; (ii) ensure the installation of the arbitration; (iii) enforce any decision of the arbitral court, including the arbitral decision, and (iv) eventually seek annulment of the arbitral decision, as provided for in the law. For the measures provided for herein, the parties hereby elect the Courthouse of the city of Santa Bárbara d'Oeste, State of São Paulo, disregarding any other, no matter how much privileged it may be. The need for filing any provisional measure or any other appeal established in this section before any judicial authority shall not be deemed incompatible with the election of arbitration nor it shall represent a waiver, from any party, of any of the provisions of this section. Any requests or measures implemented by the judicial authority shall be promptly notified to the arbitral court, if already installed, by the party requesting such measure. And, in witness whereof, the parties execute this Agreement in five (5) counterparts with identical content and form, in the presence of two witnesses. Santa Bárbara d'Oeste, November 5, 2012 Carlos Guimarães Chiti Juliana Guimarães Chiti Eugênio Guimarães Chiti Flora Sans Romi Américo Emílio Romi Neto José Carlos Romi Maria Pia Romi Campos André Luís Romi Romeu Romi Anna Maria de Toledo Romi Sandra Maria Romi Cheida Frederico Romi Paulo Romi Patricia Romi Cervone Adriana Romi Fênix Empreendimentos S.A Patricia Romi Cervone Carlos Guimarães Chiti Indústrias Romi S.A. CONSENTING INTERVENING PARTY Livaldo Aguiar dos Santos Fábio Barbanti Taiar Witnesses: Name: Maria José Cerchiaro Identity Card (RG) No. 9.410.237-5 Name: Rosa Maria Bacchin dos Santos Identity Card (RG) No. 15.614.392 Exhibit I Voting Agreement between the Shareholders de Indústrias Romi S.A., entered into on November 5, 2012 Quantity of Shares Bound to the Agreement CONTRACTING SHAREHOLDERS COMMON SHARES Carlos Guimarães Chiti 558,...
PARAGRAPH EIGHT. The representatives appointed to the socio-environmental TECHNICAL XXXXXXXX shall have appropriate technical education, except for the affected people, who may be accompanied by the TECHNICAL ADVISERS. PARAGRAPH NINE. The FOUNDATION will participate, with right to speak, in the TECHNICAL XXXXXXXX meetings without, however, participating in the preparation of the technical documents or resolution minutes to be forwarded to the CIF.
PARAGRAPH EIGHT. The information on the situations which are covered in this Article shall be detailed in the prospectus of the Public Offering, in the section which describes the relationship between the Manager and Related Companies with the issuer. In addition, it should be mentioned in the section on the characteristics of the Public Offering that the latter has the participation of a Co –Manager as well as the reasons related to his participation in the operation.
PARAGRAPH EIGHT. The relevant markets set forth in PARAGRAPHS FIVE, SIX, and SEVEN are highly concentrated, whether measured by Xxxxxxxxxx-Xxxxxxxxx Indices or two-firm and four-firm concentration ratios. Xxxxxx's and PI are actual competitors in the relevant markets. Xxxxxx's and PI are the only competitive providers of well and production data for many areas of the country. The merged Xxxxxx's/PI will have the largest market share in the relevant markets. PARAGRAPH NINE. Respondents are the only firms that have extensive, multi-state collections of historical information on oil and gas properties. Firms lacking similar databases cannot effectively compete in the relevant markets. Assembling a database that matches the database possessed by either respondent would be very difficult, expensive, and time consuming. This factor makes timely and effective entry into the relevant markets difficult and unlikely.
