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Prospectus - Notowania

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- 67 -<br />

RISK FACTORS<br />

Dalmata S.r.l. (Parmalat). At the same time, the extraordinary administration<br />

body requested that Capitalia and Banca di Roma S.p.A., jointly and severally,<br />

be ordered the repay the amount of around €168 million and all the defendants<br />

jointly and severally be ordered to compensate the damage established as €474<br />

million.<br />

The extraordinary administration body also requested, alternatively, the<br />

revocation pursuant to Article 2901 of the Italian Civil Code of the dispositio<br />

actus established by Cirio S.p.A. and/or the repayment, due to undue profit, by<br />

the banks, of the sums by Cirio S.p.A. paid to the same on the basis of the<br />

agreements in question.<br />

In May 2007, judgement was deferred on the case. No pre-trial activities were<br />

carried out. In February 2008, under an unexpected sentence, the Court of Rome<br />

ordered Capitalia (now UniCredit) and Sergio Cragnotti to jointly and severally<br />

pay the sum of €223.3 million plus monetary revaluation and interest as from<br />

1999. UniCredit appealed against this decision by means of requesting the<br />

suspension of execution of the first instance sentence.<br />

The Rome Court of Appeal, by means of injunction filed on March 17, 2009,<br />

suspended the executive efficacy of the sentencing of UniCredit and Sergio<br />

Cragnotti to pay €223.3 million, plus monetary revaluation and interest as from<br />

1999, laid down by the sentence of the Court of Rome dated February 2008 in<br />

favour of the Cirio S.p.A. receivers. Proceedings are still pending as of the Date<br />

of the <strong>Prospectus</strong>. In order to oversee such risks, provisions were made for an<br />

amount considered congruous to the current risk of the proceedings.<br />

*****<br />

In April 2007, a number of Cirio Group companies under extraordinary<br />

administration served Capitalia (now UniCredit), Banca di Roma S.p.A., UBM<br />

(now UniCredit) and other intermediaries with a petition for the joint and several<br />

compensation of the damages deriving from having taken part, in the capacity of<br />

placers, in the issue of bonds carried out by Cirio Group companies, despite the<br />

fact that the same, according to the plaintiffs, were already insolvent. The<br />

quantification of the damages was determined as follows:<br />

(i) the damages suffered by the plaintiff companies as a consequence of the<br />

deterioration of their respective difficulties was determined within a<br />

range of €421.6 million and €2.082 billion (according to the approach<br />

used for its determination);<br />

(ii) the damages suffered as a consequence of the payment of the<br />

commission and fees acknowledged to the Lead Managers for the<br />

placement of the bonds was calculated to the extent of €9.8 million in<br />

total;<br />

(iii) the damages, to be quantified during the proceedings, suffered by Cirio<br />

Finanziaria S.p.A. (formerly Cirio S.p.A.) as a consequence of the loss

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