Litigation, as well as ICSID and UNCITRAL claims against the Government have resulted in material judgments and may
result in new material judgments against the government, which could result in attachments of or injunctions relating to assets of
Argentina that the government intended for other uses. As a result, the government may not have all the financial resources necessary
to implement reforms and foster growth, which could have a material adverse effect on the country’s economy, and consequently, our
financial condition. In August, 2010, the U.S. Second Circuit Court of Appeals in New York upheld a ruling issued by District Judge
Thomas Griesa, which allows for the attachment of certain assets held in trust by the Government that will be stayed until a final
ruling on the matter. The trust is administered by U.S. Bank Trust N.A., and was established in 1999 to hold American Depositary
Shares (“ADSs”) issued by Banco Hipotecario S.A., a state-owned lender bank that was being privatized at the time. Such depositary
shares corresponded to class D shares of Banco Hipotecario S.A., which were to be used to satisfy investor redemptions of options.
The rulings have been issued in connection with a request from EM Ltd. and NML Capital, Ltd., two of Argentina’s largest sovereign
debt holders. Pursuant to such rulings, government assets amounting to approximately US$90 million held in such trust have been
attached for the benefit of outstanding government creditors.
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