Sunday, December 01, 2019 10:43:13 AM
Question: was there a breach?
Yes
Who initiated the breach?
Rontan by virtue of not transferring the shares as contacted.
Question was there a satisfaction on GDSIs part for condition 3.1.1 and 3.1.2.
Yes by waiver afforded under 3.1.11
Question was there a satisfaction on Rontan’s part to fulfill or waive 3.1.1 or 3.1.2?
No. Rontan did not fulfill nor did they issue a waiver in writing as is contracted in 10.1 or 10.2.
Having found for the plaintiff they will move to damages. I don’t have the numbers so can’t even guess the value or how much monies the Bolzan’s skimmed from the coffers. It was enough to get the attention of the Brazilian government according to some reports.
I’d say with the denial of the MSJs Rontan et al will be a lot more amicable in the next rounds of mediation/settlement talks.
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