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Prospectus - Notowania

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- 69 -<br />

RISK FACTORS<br />

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

US holds an equity investment of 8%;<br />

• Pioneer Investment Management USA Inc. (PIM US), a company<br />

wholly-owned by PGAM;<br />

• PGAM, a company wholly-owned by UniCredit;<br />

• UniCredit;<br />

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

• legal firms, independent auditing firms, investment banks and officials<br />

of the State of New Mexico.<br />

As things stand, a valuation of the economic effects which could arise from the<br />

proceedings in question appears premature and, therefore, no provisions were<br />

made.<br />

The defendants have requested the rejection of the plaintiff demands. The Court<br />

has not yet set a date for discussing said demands.<br />

The petition was served on the American companies, including Vanderbilt<br />

Capital Advisors and Pioneer Investment Management USA Inc. (both part of<br />

the UniCredit Group). Also the defendants represented by individuals have been<br />

served the petition.<br />

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

yet been duly summoned before the Court.<br />

(e) Divania S.r.l.<br />

During the first half of 2007, the company Divania S.r.l. brought legal action<br />

vis-à-vis UniCredit Banca d’Impresa S.p.A. (now UniCredit Corporate Banking)<br />

disputing violations of the law and regulations (relevant, amongst other things,<br />

to financial products) with reference to transactions in financial derivatives on<br />

interest and exchange rates entered into between January 2000 and May 2005 by<br />

Credito Italiano S.p.A. first of all and the UniCredit Banca d’Impresa S.p.A.<br />

(now UniCredit Corporate Banking) (a total of 206 contracts were entered into).<br />

The petition, in which it was requested that declaration be made of the<br />

inexistence, or alternatively, the invalidity or cancellation or termination of said<br />

contracts along with the ordering of UniCredit Banca d’Impresa S.p.A. (now<br />

UniCredit Corporate Banking) to pay a total amount of €276.6 million plus trial<br />

costs and subsequent interest, was served on March 26, 2007 at the Bari Court<br />

according to the new corporate proceedings. In the autumn of 2008, courtappointed<br />

expertise was arranged (“CTU”). Recently, the experts requested an<br />

extension of 120 days for the filing of the expert opinion which should therefore<br />

be filed during the first few days of March 2010. The case was still pending as of<br />

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

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