Indicate by check mark
whether the registrant by furnishing the
information contained in this Form is
also thereby furnishing the
information to the Commission pursuant to Rule
12g3-2(b) under
the Securities Exchange Act of 1934.
Yes ______ No ___X___
Investor Relations | |
(55 61) 3415-1140 | |
ri@brasiltelecom.com.br | |
www.brasiltelecom.com.br/ir/ | |
Media Relations | |
(55 61) 3415-1378 | |
cesarb@brasiltelecom.com.br |
BRASIL TELECOM S.A. | BRASIL TELECOM PARTICIPAÇÕES S.A. | |
Publicly Held Company | Publicly Held Company | |
Corporate Taxpayer Registration | Corporate Taxpayer Registration | |
76.535.764/0001-43 | 02.570.688/0001-70 | |
Board of Trade 53 3 0000622 9 | Board of Trade 53 3 0000581 8 |
MATERIAL FACT
BRASIL TELECOM PARTICIPAÇÕES S.A. and BRASIL TELECOM S.A., based on art. 157 of Law 6,404/76, and CVM Instruction 358/02, hereby discloses to the market a decision rendered by the United States District Court of the Southern District of New York on March 16, 2006, as transcribed below:
UNITED STATES DISTRICT COURTORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER
Upon consideration of the Affidavit of Carmine D. Bocuzzi in support of Plaintiffs Order to Show Cause, sworn to March 15, 2006, and the exhibits thereto, the Memorandum of Law in Support of Plaintiffs Motion for a Preliminary Injunction and a Temporary Restraining Order, the Declaration of Flavio Galdino dated March 15, 2006 and the exhibits thereto, the Declaration of John Christopher Brougham, O.C. dated March 15, 2006, and the record in this case, and after hearing consent for both sides, it is hereby:
ORDERED that defendants Opportunity Equity Partners Ltd. (Opportunity) and Daniel Valente Dantas (Dantas) SHOW CAUSE before this Court in Courtroom 12D of the United States Courthouse located at 500 Pearl Street, in the borough of Manhattan, City and State of New York, on the 28 day of March 2006, at 10:00 a.m., why an Order should not be made and entered herein, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining defendants Dantas and Opportunity, and their officers, agents, servants, employees, and attorneys, and all those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, from enforcing or otherwise giving effect to any provision of the Amendment to the Amended and Restated Shareholders Agreement dated as of September 12, 2003 (the Umbrella Agreement), or taking any action in furtherance of the foregoing.
Sufficient reason being alleged, it is hereby
ORDERED that, pending a further Order by this Court, defendants Dantas and Opportunity, and their officers, agents, servants, employees, and attorneys, and all those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, are enjoined from enforcing or otherwise giving effect to any provision of the Umbrella Agreement, or taking any action in furtherance of the foregoing; and it is further
ORDERED that answering papers, if any, shall be filed and served electronically or by hand upon plaintiffs attorneys, Howard S. Zelbo, Esq., Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, on or before March 22, 2006 by 1 p.m.; and it is further
ORDERED that reply papers, if any, shall be filed and served electronically or by hand upon defendants attorneys on or before March 24, 2006 at 1 p.m.
Brasília, March, 20 2006.
Charles Laganá Putz
Investor Relations Officer
Brasil Telecom Participações S.A.
Brasil Telecom S.A.
BRASIL TELECOM S.A. |
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By: |
/S/ Charles Laganá Putz
|
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Name: Charles Laganá Putz
Title: Chief Financial Officer |