Brazilian Court Confirms Tenaris’s Obligation to Pay Indemnification in connection with its 2012 Acquisition of a Participation in Usiminas; the Decision is subject to Further Appeals
December 06 2024 - 4:37PM
Tenaris S.A. (NYSE and Mexico: TS and EXM Italy: TEN)
announced that the Brazilian Superior Court of Justice (SCJ)
published today its unanimous decision to reject a motion of
clarification filed by Tenaris’s subsidiary Confab, together with
Ternium’s subsidiaries Ternium Investments and Ternium Argentina
(all of which compose the T/T Group under the Usiminas shareholders
agreement), that had sought to revert the June 18, 2024 SCJ
decision ordering the T/T Group to pay Companhia Siderúrgica
Nacional, or CSN, an indemnification in connection with their 2012
acquisition of a participation in Usiminas.
Notwithstanding the foregoing, the SCJ
unanimously resolved to modify the applicable monetary adjustment
mechanism and to cap the applicable attorney’s fees, thereby
lowering the aggregate amount that would be payable by the T/T
Group if CSN ultimately prevails in its claims. Assuming monetary
adjustment through November 30, 2024, and BRL 5 million in
attorney’s fees, in each case as determined pursuant to the SCJ
decision published today, the revised aggregate amount potentially
payable by Confab would be of approximately BRL548 million
(approximately $90 million).
Tenaris continues to believe that all of CSN's
claims and allegations are unsupported and without merit, and
that in connection with the Usiminas acquisition the T/T Group was
not required either to launch a tender offer or to pay
indemnification to CSN. Accordingly, Confab intends to continue to
defend its rights vigorously and to file all available motions and
appeals against the SCJ decisions that ordered an indemnification
payment.
Some of the statements contained in this press
release are “forward-looking statements”. Forward-looking
statements are based on management’s current views and assumptions
and involve known and unknown risks that could cause actual
results, performance or events to differ materially from those
expressed or implied by those statements. These risks include but
are not limited to risks arising from uncertainties as to future
oil and gas prices and their impact on investment programs by oil
and gas companies.
Tenaris is a leading global supplier of steel
tubes and related services for the world’s energy industry and
certain other industrial applications.
Giovanni
Sardagna Tenaris
1-888-300-5432www.tenaris.com
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