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Prospectus - Notowania

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• Vanderbilt Financial, LLC (VF), a special purpose vehicle in which PIM US has an<br />

8% holding;<br />

• Pioneer Investment Management USA Inc. (PIM US), a wholly-owned subsidiary<br />

of PGAM;<br />

• PGAM., a wholly-owned subsidiary of UniCredit;<br />

• UniCredit;<br />

• various directors of VCA, VF and PIM US;<br />

• law firms, external auditors, investment banks and State of New Mexico officials.<br />

At present, an assessment on the economic impact that may result from the proceedings is<br />

premature.<br />

The defendants have requested that the plaintiff’s claim be denied. The Court has not yet set a<br />

date for a hearing on said request.<br />

The petition was served to the American companies, including Vanderbilt Capital Advisors and<br />

Pioneer Investment Management USA Inc. (both part of UniCredit Group). Also the natural<br />

persons who are called as defendants have been served the petition.<br />

On September 24, 2009 UniCredit was served the petition. PGAM has not yet been served.<br />

Divania S.r.l.<br />

In the first half of 2007, Divania S.r.l. filed a suit against UniCredit Banca d’Impresa S.p.A.<br />

(now UniCredit Corporate Banking) contesting the violations of the law and regulations<br />

(relevant, amongst other things, to financial products) with reference to the operations in rate<br />

and currency derivative transactions created between January 2000 and May 2005 by Credito<br />

Italiano S.p.A. initially, and subsequently by UniCredit Banca d’Impresa S.p.A. (now<br />

UniCredit Corporate Banking), for a total of 206 contracts. The petition, which requests that the<br />

contracts be declared inexistent, or failing that, null and void or to be cancelled or terminated<br />

and that UniCredit Banca d’Impresa S.p.A. (now UniCredit Corporate Banking) be found liable<br />

to pay a total of €276.6 million as well as legal fees and interest, was served on March 26, 2007<br />

in the Court of Bari as part of the new corporate procedure. An expert witness report was<br />

requested in the fall of 2008. Recently the experts requested an extension of 120 days for<br />

submitting the report that was due at the beginning of March 2010. The suit is still pending as<br />

at the Date of the <strong>Prospectus</strong>.<br />

UniCredit Corporate Banking considers the claimed amount to be disproportionate to the actual<br />

litigation risk, as the amount claimed was calculated by adding all debit entries made (for an<br />

amount much larger than the actual), without including the credits that drastically reduce the<br />

claimant’s demands. Furthermore, a settlement had been reached, and signed on June 8, 2005,<br />

for the contested transactions, under which Divania S.r.l. stated that it would no longer make<br />

any claim, for any reason, for the transactions now being disputed. The petition calls into<br />

question the validity of the transaction, arguing that the settlement is null and void given the<br />

alleged illegitimacy of the transactions in question. UniCredit Corporate Banking believes that<br />

the maximum amount at risk is approximately €4 million, equivalent to the sum that was<br />

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