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 24, 2006, as transcribed below:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------
x
INTERNATIONAL EQUITY INVESTMENTS, INC.
and CITIGROUP VENTURE CAPITAL
INTERNATIONAL BRAZIL, LLC, on behalf of itself 05 Civ. 2745 (LAK)
and Citigroup Venture Capital International Brazil, L.P.
(f.k.a. CVC/Opportunity Equity Partners, L.P.), Plaintiffs,
v.
OPPORTUNITY EQUITY PARTNERS, LTD.
(f.k.a. CVC/Opportunity Equity Partners, Ltd.) and
DANIEL VALENTE DANTAS,
Defendants.
--------------------------------------------------
x
STIPULATION AND ORDER
Defendants having submitted a proposed Order to Show Cause, the Declaration of Veronica Dantas dated March 22, 2006, and the exhibit thereto, the Declaration of Julio Barreto, dated March 22, 2006, the Memorandum of Law in Support of Defendants Motion to Modify the Temporary Restraining Order Entered on March 16, 2006, and the record in this case; and Plaintiffs and Defendants having agreed to modify the Temporary Restraining Order Entered on March 16, 2006 as set forth below, it is hereby
ORDERED that, pending further Order by this Court, Defendants, and all those persons in active concert or participation with them, are permitted to comply with any deadlines in the litigation pending in Brazil concerning the validity or effect of the Amendment to the Amended and Restated Shareholders Agreement dated as of September 12, 2003 (Umbrella Agreement Litigation) during such time as the Court has not decided Plaintiffs pending motion for a preliminary injunction; provided, however, that, pending the hearing and determination of the preliminary injunction motion, Defendants and all those in active concert or participation with them shall take no steps to reassert control of any Portfolio Company or their corporate parents, regardless of what ruling a Brazilian court might issue during said time in the Umbrella Agreement Litigation. Nothing herein shall otherwise modify the Temporary Restraining Order entered on March 16, 2006.
Dated: Albany, New York
March 24, 2006
CLEARY GOTLIEB STEEN & HAMILTON LLP | |
By: (signature) | |
Carmine D. Boccuzzi (CB-2177) | |
One Liberty Plaza | |
New York, New York 10006 | |
(212) 225-2000 | |
Attorneys for Plaintiffs | |
BOIES, SCHILLER & FLEXNER LLP | |
By: (signature) | |
Philip C. Korologos (PK-3299) | |
Howard Vickery (HV-4664) | |
Eric Brenner (EB-2177) | |
570 Lexington Avenue | |
New York, New York 10019 | |
(212) 446-2300 | |
George F. Carpinello (GC-4299) | |
10 North Pearl Street, 4th. Floor | |
Albany, New York 12207 | |
(518) 434-0600 | |
Attorneys for Defendants |
SO ORDERED:
_______________________
Honorable Lewis A. Kaplan
United States District Judge
Brasília, March, 29 2006.
Charles Laganá Putz
Investor Relations Officer
Brasil Telecom Participações S.A.
Brasil Telecom S.A.
BRASIL TELECOM S.A.
| ||
By: |
/S/ Charles Laganá Putz
|
|
Name: Charles Laganá Putz
Title: Chief Financial Officer |