MEMORANDUM OF UNDERSTANDING
Exhibit
(a)(34)
This Memorandum of Understanding (“MOU”) contains the primary terms of a settlement in
principle (the “Settlement”) agreed to among (i) the plaintiffs (“Plaintiffs”) in
the Rice Consolidated Class Action (as defined herein) and (ii) Lafarge S.A. (“LSA”),
Efalar, Inc.(“Efalar”), Xxxxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxx
(the “LSA Directors.” all collectively, with
LSA and Efalar, the “LSA
Defendants”); (iii) Lafarge North America, Inc. (“LNA” or the “Company”), Xxxxxxxx X.
Xxxxxxx, Xxxxxxxx X. Xxxxxx, and Xxxxxx X. Xxxxxxx, (collectively, with LNA, the “LNA
Defendants”), (iv) Xxxxxxxx X. Xxxxx, Xxxxxxxx X. Xxxxxx, Xxxxxx X. XxXxxxxx, Xxxxx X. Xxxxxx,
Xxxxxx X. Xxxxxx, Xxxx X. Xxxxxxx, Xxxxxxxx Xxxxxxxxxx, and Xxxxxx X. Xxxxxx (the “Special
Committee Defendants,” collectively, with the LSA Defendants and the LNA
Defendants, the “Defendants”) (the Defendants and the Plaintiffs are collectively
referred to as the “Parties”), by their respective undersigned attorneys.
WHEREAS,
A. On February 6, 2006, LSA announced its intention to commence a tender offer (the
“Tender Offer”) for all of the minority shares of common stock of LNA (the “Common
Shares”) in a tender offer at a price of $75.00 per share, in accordance with certain terms and
conditions, including the condition that a majority of the minority shareholders tender their
shares under the terms of the offer.
B. Following LSA’s February 6, 2006 announcement, various litigations were filed in the
Circuit Courts of the State of Maryland by holders of the Common Shares, asserting claims on behalf
of themselves and a putative class consisting of minority shareholders of the Common Shares. The
litigations include Xxxxx x. Xxxxxxx North America, Inc., et al., Case No.24-C-06-001624; City of
Philadelphia Board of Pensions & Retirement x. Xxxxxxx North America, Inc., et al., Case No.
24-C-06-001714; Jasinover x. Xxxxxxx North America, Inc., et al.,
Case No. 24-C-06-001584; Xxxx x. Xxxxxxx North America, et al., Civil No. 269216-V; Local 66
Trust Funds x. Xxxxxxx North America, Inc., et al., Case No. 24-C-06-001840; Xxxxx x. Xxxxxxx North
America, Inc., et al., Case No. 24-C-06-001495; Obstfeld x. Xxxxxxx North America, Inc., et al.,
Case No. 24-C-06-001604; Prawdzikc x. Xxxxxxx North America, Inc., et al., Case No. 24-
C-06-001951; and Rice x. Xxxxxxx North America, Inc., et al., Civil No. 268974-V. Each of these
litigations has been consolidated and is now pending in the Circuit Court for Xxxxxxxxxx County,
Maryland (the “Court”), under the caption Rice x. Xxxxxxx North America, Inc., et al.,
Civil No. 268974-V (the “Rice Consolidated Class Action”), and Faruqi & Faruqi, LLP, Xxxxx
& Notis, LLP, Barrack Rodos & Bacine, and Wolf Popper LLP, have been appointed lead counsel
(“Lead Counsel”) and Powers & Frost, L.L.P. has been appointed Liaison Counsel
(collectively, with Lead Counsel, “Class Counsel”).
C. On February 8,2006, the Board of Directors of LNA announced the appointment of the
Special Committee (the “Special Committee”) comprised of directors who are independent from
LSA to consider the Tender Offer (and, if necessary, any modification or amendment thereto) and to
make a recommendation to minority shareholders concerning whether to tender their shares.
D. On February 17, 2006, certain of Plaintiffs in the Rice Consolidated Class Action
filed a motion for expedited discovery in connection with plaintiffs’ efforts to seek injunctive
relief with respect to the Tender Offer. On February 21,2006, Defendants opposed the motion
for expedited discovery.
E. On February 21, 2006, LSA, through its wholly-owned subsidiary Efalar, formally
commenced the Tender Offer for the outstanding shares of LNA common stock for $75 per share,
expiring March 20,2006. On the same date, LSA, through its wholly-owned
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subsidiary, Efalar Canada, Inc. (“Efalar Canada”), commenced a parallel offer for the
outstanding Exchangeable Preference Shares (“Exchangeable Preference Shares”) of Lafarge
Canada, Inc. (“Lafarge Canada”) for U.S. $75 per share.
F. Also on February 21,2006, the Alaska Electrical Pension Fund filed a lawsuit in the
Commonwealth of Virginia, seeking to bring derivative claims on behalf of LNA against all
Defendants except Efalar (and against LNA as a nominal defendant only), for, inter alia, injunctive
relief based on allegations of purported breaches of fiduciary duties by Defendants. This
action is captioned Alaska Electrical Pension Fund x. Xxxxxxx S.A., et al., Case No. CL-
2006-2118, and is pending before the Circuit Court of Fairfax County, Virginia (the
“Alaska Electrical Pension Fund Action”).
G. On February 22,2006, the Court denied the motion of certain Plaintiffs for expedited
discovery, without prejudice to renew following disclosure of the Special Committee recommendation
with respect to the Tender Offer.
H. On February 27,2006, certain of Plaintiffs in the Rice Consolidated Class Action filed a
First Amended Class Action Complaint alleging that the Tender Offer was inadequate and coercive and
defective in a number of respects, including price, and that Defendants owed and breached fiduciary
duties to LNA minority shareholders in connection with the Tender Offer and disclosures relating
thereto.
I. On March 3,2006, Xxxxxx and Xxxxxxx Xxxxxxxx filed a putative class action lawsuit in the
Circuit Court for Baltimore City on behalf of, among others, holders of the Exchangeable Preference
Shares of Lafarge Canada seeking, inter alia, injunctive relief based on allegations of purported
breaches of fiduciary duties. This action is captioned Xxxxxxxx v.
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Lafarge North America, Inc., et al., Case No. 24-C-06-2305, and is pending before the Court (the
“Xxxxxxxx Action”).
J. Also, on March 3,2006, LSA moved to dismiss the Rice Consolidated Class Action for lack
of personal jurisdiction and failure of service of process.
K. On March 6,2006, the Special Committee announced that it was unable to take a position
with respect to the Tender Offer and requested that shareholders take no action and not tender
their shares pursuant to the Tender Offer. On that same date, LSA announced that the expiration of
the Tender Offer had been extended to April 3,2006.
L. On March 7,2006, counsel for certain Plaintiffs in the Rice Consolidated Class Action
separately presented to the Special Committee’s counsel and to LSA’s counsel written materials
prepared by Plaintiffs’ financial advisor containing a preliminary valuation analysis relating to
the financial terms of the Tender Offer and Plaintiffs’ allegations that the price contemplated in
the Tender Offer was not fair.
M. On March 9, 2006, LSA and Efalar filed Amendment No. 3 to the Schedule TO. That amendment
contained various disclosures including the following disclosure: “On March 9, 2006, Xxxxxxx Xxxxx
presented to XX Xxxxxx the “outlook” specified in the February 16,2006 letter. The “outlook”
contemplates sales of $4,745 million and operating income of $663 million for 2006.”
N. On March 16,2006, LSA and Efalar filed Amendment No. 4 to the Schedule TO. That amendment
disclosed, among other things, the allegations made in the amended complaints filed by certain
Plaintiffs in the Rice Consolidated Class Action, including allegations about the claimed
inadequacy of the Tender Offer and the alleged materially misleading disclosures and omissions from
the previous public filings of LSA and Efalar relating to the Tender Offer.
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O. On March 24, 2006, the Special Committee announced its recommendation that shareholders not
tender their shares pursuant to the Tender Offer.
P. On March 28, 2006, certain Plaintiffs in the Rice Consolidated Class Action filed a
Consolidated Class Action Complaint that provided further details of their allegations challenging
the Tender Offer.
Q. On March 29, 2006, certain Plaintiffs in the Rice Consolidated Class Action filed a motion for a
temporary restraining order and preliminary injunction with respect to the Tender Offer. That
motion was denied by the Court on March 31, 2006.
R. On April 4, 2006, LSA announced that it would amend the Tender Offer by increasing the
offer price to $82.00 per share and extending the offer deadline to April 28, 2006.
S. On April 5, 2006, Lead Counsel presented to counsel for LSA a written demand that LSA
further increase the price contemplated by the Tender Offer.
T. On April 11, 2006, LSA moved to dismiss the Consolidated Class Action Complaint for failure
to state a claim upon which relief could be granted. On April 12, 2006, LNA moved to dismiss the
Consolidated Class Action Complaint for failure to state a claim upon which relief could be
granted.
U. On April 12, 2006, Plaintiffs in the Rice Consolidated Class Action filed a Second
Consolidated Class Action Complaint (and on April 13, 2006 filed an amendment by interlineation
relating thereto) that provided further details of their allegations challenging the amended terms
of the Tender Offer and the disclosures made therein.
V. Between April 11, 2006 and April 17, 2006, all Defendants filed motions seeking a protective order
to defer discovery until after the completion of the Tender Offer, among other things.
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W. On April 18, 2006, Plaintiffs in the Rice Consolidated Class Action filed motions to compel
discovery from Xxxxxxx Xxxxx Xxxxxx Xxxxxx & Xxxxx Inc. (“Xxxxxxx Xxxxx”) and X.X. Xxxxxx
Securities, Inc. (“X.X. Xxxxxx”) as sought in subpoenas Plaintiffs had previously served
seeking documents and testimony from Xxxxxxx Xxxxx and X.X. Xxxxxx. Xxxxxxx Xxxxx is the financial
advisor to the Special Committee and X.X. Xxxxxx is the financial advisor to LSA.
X. On April 20, 2006, LSA and Efalar filed Amendment No. 8 to the Schedule TO. That amendment
disclosed, among other things, the allegations made in the Second Consolidated Class Action
Complaint filed by Plaintiffs in the Rice Consolidated Class Action including allegations about the
claimed inadequacy of the Tender Offer and the alleged materially misleading disclosures and
omissions from the previous public filings of LSA and Efalar relating to the Tender Offer.
Y. On April 21, 2006, Plaintiffs in the Rice Consolidated Class Action filed (i) a renewed
motion for a preliminary injunction with respect to the Tender Offer; (ii) their opposition to
Defendants’ motions for a protective order; and (iii) a cross motion to compel discovery, as sought
in Plaintiffs’ outstanding document requests to all Defendants and Plaintiffs’ outstanding document
requests and interrogatories to LNA and the LSA Defendants with respect to personal jurisdiction
and the LSA Defendants’ motions to dismiss Plaintiffs’ earlier complaints for lack of personal
jurisdiction. On that same date, Lead Plaintiffs and Xxxxxxx Xxxxx filed a stipulation agreeing to
extend the time for Xxxxxxx Xxxxx to respond to the aforementioned motion to compel until fifteen
days after the Court had ruled on the Special Committee’s motion for a protective order.
Z. In connection with the Tender Offer and amendments thereto, Defendants have issued
various press releases, disseminated various documents to shareholders, and made various
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filings with the SEC, including, inter alia, the Offer to Purchase and all supplements thereto
mailed to shareholders, the Tender Offer Statement (“Schedule TO”) and all amendments
thereto filed with the SEC, the Solicitation/Recommendation Statement on Schedule 14D-9 and all
amendments thereto, as well as all other press releases and other statements and information
relating to the Tender Offer (collectively, the “Disclosure Materials”).
AA. Also in connection with the Tender Offer and the Action, and in addition to the specific
communications set forth above, Lead Counsel for Plaintiffs and counsel for Defendants have
discussed from time to time Plaintiffs’ contentions with respect to the terms of the Tender Offer,
including price, and the contents of the Disclosure Materials. In connection with these
discussions, counsel for the Special Committee has provided for review by Plaintiffs’ Lead Counsel
and Plaintiffs’ financial advisor certain non-public documents relating to LNA’s internal
projections, forecasts and budgets pursuant to a confidentiality agreement.
BB. Thereafter, following negotiations between Lead Counsel for Plaintiffs and counsel for the
LSA Defendants and counsel for the Special Committee, the Parties have reached an agreement in
principle providing for the settlement of claims (directly or indirectly, including derivatively)
of the “Class” (which consists of all minority holders of the Common Shares, excluding
Defendants and their affiliates) on the terms and conditions set forth below, and the Parties
believe that the Settlement is in the best interests of the Parties and of LNA’s minority
shareholders.
NOW, THEREFORE, THE PARTIES HEREBY AGREE IN PRINCIPLE AS FOLLOWS:
1. Principal Terms of Settlement. Subject to the additional conditions, terms and
limitations described herein, the Parties agree in principle as follows:
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| a. | LSA, through Efalar and Canada Elafar, will amend the tender offers and increase the offers to purchase the outstanding common shares of LNA and the Exchangeable Preference Shares to $85.50 per share U.S. (the “Revised Tender Offer”); | |
| b. | The LNA Defendants shall provide to Lead Counsel, reasonably in advance of filing with the SEC, draft versions of all Solicitation/Recommendation Statements on Schedule 14D-9 and any amendment(s) thereto and all going private transaction reports on Schedule 13E3 and any amendment(s) thereto in connection with the Revised Tender Offer or any subsequent merger following completion thereof and all amendments to any previously filed Disclosure Materials (the “Subsequent Disclosure Materials”), so that Lead Counsel may have a reasonable opportunity to review the Subsequent Disclosure Materials and provide comments to the LNA Defendants regarding the Subsequent Disclosure Materials. The LNA Defendants shall consider in good faith Plaintiffs’ comments and any suggested changes or revisions. | |
| c. | LSA, while believing that the original terms of the Tender Offer were fair and reasonable, acknowledges that the existence of the Rice Consolidated Class Action and Lead Counsel’s prosecution efforts and the positions advocated by Lead Counsel and their financial advisor (the “Class Positions”), the discussions and negotiations conducted pertaining to the Settlement, and the desirability of addressing the Class’s claims were factors that contributed to the decision by LSA to increase the financial consideration in the Tender Offer. Furthermore, the Class Positions were among the factors taken into consideration by the Special |
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Committee and its advisors in connection with its determination to recommend to Class
members that they accept, and tender into, the Revised Tender Offer.
2. Stipulation of Settlement. The Parties will attempt in good faith and use their
best efforts to agree upon and execute no later than 30 days from the date hereof, an appropriate
Stipulation of Settlement (the “Stipulation”) pursuant to Maryland Rule 2-231(b)(l) and/or (2) and
such other documentation as may be required in order to obtain Final Court Approval (as defined
below) of the Settlement and the dismissal of all claims asserted by, or that could have been
asserted by, the Class arising out of the Tender Offer, as amended, including the Disclosure
Materials and the Subsequent Disclosure Materials, upon the terms set forth in this MOU
(collectively, the “Settlement Documents”). The Stipulation will expressly provide, inter alia, (i)
for certification, for settlement purposes, of a Class of all holders of Common Shares and
Exchangeable Preference Shares and their successors in interest and transferees, intermediate and
remote (the “Settlement Class”); (ii) for entry of a judgment dismissing the Rice Consolidated
Class Action and the Xxxxxxxx Action with prejudice and without costs to any party except as
expressly provided herein; (iii) for a complete release of all claims (excluding claims for
enforcement of the Settlement), whether asserted directly or indirectly, derivatively or otherwise,
against any of the Defendants, Lafarge Canada, or Efalar Canada, or any of their affiliates,
subsidiaries, predecessors, successors or assigns, and each and all of their respective past or
present officers, directors, associates, stockholders, members, controlling persons,
representatives, employees, attorneys, counselors, financial or investment advisers, consultants,
accountants, investment bankers, commercial bankers, engineers, advisers or agents, heirs,
executors, trustees, general or limited partners or partnerships, personal representatives, estates
or administrators of any of the foregoing (collectively, the
“Releasees”), whether known or
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unknown and whether arising under federal, state or any other law (including, without limitation,
the federal securities laws), which have been, or could have been, asserted, directly or
indirectly, derivatively or otherwise, against any of the Releasees by any member of the Settlement
Class relating to the Settlement, the Tender Offer, the Revised Tender Offer, or the related
Disclosure Materials and the Subsequent Disclosure Materials (the
“Settled Claims”); (iv) that each
of the Defendants, Lafarge Canada, and Efalar Canada has denied and continues to deny having
committed or attempted to commit any violations of law or breaches of duty of any kind; (v) that
Defendants, Lafarge Canada and Efalar Canada are entering into the Stipulation solely because the
proposed Settlement would eliminate the burden, risk and expense of further litigation, and is in
the best interests of LSA, LNA and the Class; and (vi) that any of the Defendants, Lafarge Canada
and Efalar Canada shall have the right to withdraw from the proposed Settlement in the event that
any of the Other Conditions set forth in paragraph 4 below shall not have been satisfied, except
for the Other Condition set forth in Paragraph 4(v) below.
3. Notice and Court Approval. After preliminary approval by the Court of the
form of the Settlement Documents, the Parties will present the Settlement Documents to the Court
for final approval as soon as practicable at a hearing (the
“Fairness Hearing”) following
dissemination of appropriate notice of the proposed Settlement to the Class. LSA shall cause such
notice to be disseminated and pay the costs and expenses related to providing such notice. As used
herein, the “Final Court Approval” of the Settlement means that the Court has entered an order
approving the Settlement and dismissing the Rice Consolidated Class Action and the Xxxxxxxx Action
with prejudice, and that such order is finally affirmed on appeal or is no longer subject to appeal
and the time for any petition for reargument, appeal or review, by certiorari or otherwise, has
expired. Subject to approval by the Court of the Settlement, Class Counsel
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intends to apply to the Court for an award of attorney’s fees and reimbursement of expenses
(including expert fees and expenses) and Defendants reserve all of their rights to object to such
application. Defendants (other than the individuals) shall pay the amount of fees and expenses, if
any, awarded by the Court,
provided, however, that if any of the Other Conditions set forth in paragraph 4 below are not
satisfied, defendants shall have no obligation with respect to such award.
4. Other Conditions. The consummation of the Settlement, including the payment
of attorney’s fees and/or reimbursement of expenses (as set forth in paragraph 3 above), is subject
to: (i) LSA and Efalar purchasing LNA shares pursuant to the Revised Tender Offer according to its
terms; (ii) the drafting and execution of the Settlement Documents and other agreements necessary
to effectuate the terms of the proposed Settlement; (iii) the conclusion by Plaintiffs’ Lead
Counsel that sufficient disclosure has been made in the Disclosure Materials and the Subsequent
Disclosure Materials, and, following completion of reasonable confirmatory discovery on a schedule
to be mutually agreed upon, that the proposed Settlement is fair and reasonable; (iv) the
recommendation by the Special Committee that LNA minority shareholders accept the Revised Tender
Offer (v) withdrawal or dismissal of any other litigation relating to the subject matter of the
Settled Claims, including, but not limited to, the Alaska Electrical Pension Fund Action, which
defendants must seek promptly after Final Court Approval of the Settlement in the event that Lead
Counsel’s best efforts do not result in such dismissal or withdrawal; and (vi) Final Court Approval
of the Settlement and dismissal of the Rice Consolidated Class Action and Xxxxxxxx Action with
prejudice and without awarding costs to any party, except as provided herein. This Stipulation and
MOU shall be null and void and of no force and effect if (A) any condition to the Settlement is not
met; (B) Defendants, Lafarge Canada, or Efalar Canada withdraw from the Settlement as provided in
paragraph 6 below; or (C) Lead Counsel determine,
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after completion of reasonable confirmatory discovery on a schedule to be agreed upon by the
Parties, that the Settlement is not fair and reasonable. In any event, if there is no Final Court
Approval of the Settlement, this MOU shall not be deemed to prejudice in any way the positions of
the Parties in the Rice Consolidated Class Action, the Xxxxxxxx Action, or in any other actions
relating to the subject matter of the Settled Claims or to prejudice the positions of the Parties
regarding the fairness, adequacy, timing or any other aspect of the Tender Offer and/or the Revised
Tender Offer and shall not entitle any Party to recover any fees, costs or expenses incurred in
connection with the implementation of this MOU.
5. Interim Stay of the Rice Consolidated Class Action. The Parties agree that except
as expressly provided herein (or upon the written approval of LSA), the Rice Consolidated
Class
Action shall be stayed, except for settlement-related proceedings. The Parties agree that any
deadline to answer or otherwise respond to any of the pleadings, motions or discovery
requests,
and all other discovery requests and subpoenas (other than requests relating to confirmatory
discovery as set forth herein) in the Rice Consolidated Class Action are extended without
date.
The Parties shall enter into such documentation as required to effectuate the foregoing
agreements.
6. Cooperation in Dismissal of Any Related Action. If any litigation is or has been
filed or pursued in any forum, domestic or foreign, on behalf of any member of the Class or by
any shareholder purporting to bring a derivative claim on behalf of LNA, which asserts any of
the Settled Claims against any Releasee, prior to Final Court Approval of the proposed
Settlement, Plaintiffs shall cooperate with Defendants in seeking to obtain the withdrawal,
dismissal or stay in contemplation of dismissal of such related litigation, including where
appropriate joining in any motion to dismiss such litigation.
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7. Miscellaneous. (i) This MOU may be executed in counterparts by any of
the signatories hereto and as so executed shall constitute one agreement; (ii) this MOU and the
Settlement contemplated by it shall be governed by and construed in accordance with the laws of the
State of New York; (iii) this MOU shall be binding upon and inure to the benefit of the Parties and
their respective agents, executors, heirs, successors and assigns, subject to the conditions set
forth herein; (iv) each of the attorneys executing this MOU has been duly empowered and authorized
by his/her respective client(s) to do so; (v) Plaintiffs and their counsel represent and warrant
that none of the claims or causes of action asserted in the Rice Consolidated Class Action has been
assigned, encumbered or in any manner transferred, in whole or in part; (vi) except as provided
herein, no Defendant or Lafarge Canada or Efalar Canada shall bear any expense, costs, damages or
fees alleged or incurred by any named Plaintiff, any member of the Class, or their respective
attorneys, experts, advisors, agents or representatives in connection with this litigation; (vii)
this MOU may be modified, but only with the agreement of all of the undersigned counsel; and (viii)
neither the existence of this MOU nor the provisions contained herein shall be deemed a
presumption, concession or admission by any Defendant, Lafarge Canada, or Efalar Canada of any
breach of duty, liability, defaults or wrongdoing as to any facts or claims alleged or asserted in
the Rice Consolidated Class Action, the Xxxxxxxx Action, the Alaska Electrical Pension Fund Action,
or in any other actions or proceedings, or as a concession of jurisdiction over any of the
Defendants, Lafarge Canada, or Efalar Canada in any court of the United States, and this MOU shall
not be interpreted, construed, deemed invoked, offered or received in evidence or otherwise used by
any party in the Rice Consolidated Class Action, the Xxxxxxxx Action, or in any other action or
proceeding
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challenging the Tender Offer, including the Alaska Electrical Pension Fund Action
except in connection with this Settlement.
| FARUQI & FARUQI, LLP | ||||
By:
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/s/ XXXXXX XXXXXX
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| XXXXXX XXXXXX | ||||
| XXXXX XXXXXX | ||||
| 000 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Tel: 000-000-0000 Fax:000-000-0000 |
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| XXXXX & NOTIS, LLP | ||||
By:
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/s/ XXXX X. XXXXX
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| XXXX X. XXXXX | ||||
| XXXXX X. XXXXX | ||||
| 000 Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxxx Xxxxxx, Xxx Xxxxxx 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
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| BARRACK, RODOS & BACINE | ||||
By:
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/s/ XXXXXX X. XXXXX
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| 0000 Xxx Xxxxxxxx Xxxxxx 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
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| WOLF POPPER LLP | ||||
By:
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/s/ XXXXXX X. XXXXXXXXX
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| XXXXXX XXXXXXXX, XXXXX & XXXXXXXX LLP |
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By:
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/s/ XXXXXXXX X. XXXXXXXXX
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| XXXXX X. XXXXX | ||||
| Xxx Xxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Tel: 000-000-0000 Fax: 000-000-0000 |
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| XXXXX & XXXXXXX L.L.P. XXXX X. XXXXXX 000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxx 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
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| XXXXX & XXXXXXX L.L.P. XXXXXXX X. XXXXXXX 000 Xxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
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| Counsel for Defendants Lafarge S.A., Xxxxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxxxx, Xxxxx Xxxxxx and Xxxxxxx Xxxx | ||||
| XXXXXXX XXXXXXX & XXXXXXXX LLP | ||||
By:
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/s/ XXXXX XXXXXXXX
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| 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Tel: 000-000-0000 Fax: 000-000-0000 |
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000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
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Lead Counsel for Plaintiffs in the Rice Consolidated Action |
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POWERS & FROST, L.L.P. XXXXXXX X. XXXXX XXXXXXX X. XXXXXXXXX Xxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxx 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
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Liaison Counsel for Plaintiffs in the Rice Consolidated Action |
XXXXXXX LLP G. XXXXXXX XXXX, XX. Xxx Xxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxxxx, Xxxxxxxx 00000 Tel: 000-000-0000 Fax: 000-000-0000 |
Counsel for Defendants Xxxxxxxx X.
Xxxxx, Phillippe X. Xxxxxx,
Xxxxxx X. XxXxxxxx, Xxxxx X.
Xxxxxx, Xxxxxx X. Xxxxxx, Xxxx X.
Xxxxxxx, Xxxxxxxx X. Xxxxxxxxx and
Xxxxxx X. Xxxxxx |
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