Member Info for Cause17

@olderandwiser - One off until settlement is signed

I thought @maddog had already taken that position..
Though he is MIA these days..
Hope he is well

Checked Twitter today?

Thanks @Obs and @EV_Bull.
:)

So Dev can sell upto 10% of the iron ore stock?
Not $10 milion net?

Thanks @Barksy1,@tomcat and @zoom56 for the kind words. :)

Thanks @masterbaker and MikeBwell

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That said, by my vote, provision to the grievance of instrument, harmed the examembargoes declaration.DISEMBARGADOR MANOEL DE QUEIROZ PEREIRA

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opportunity alienation successful ore in iron, there is a view the considerable high value gives nomineecommodityin the market International about everythingby continuous climbing of the quotation of the dollar during of chain year, since the constitution warranty, so to be completed by existence of excess warranty now alleged recovering.For how much, one cannot forget what, in all the scenarios: economic legal financial, alienation of the nominee portion of stock oreof iron recovering, in the molds what happened in r. decision harassed, will enable the resumption of activities business, will revert in favor creditorslabor and everyone the interested in the implementationof the plan recovery aggravated, as well as ownaggravating, whose stay of the amount in count judicialwill preserve the active recovering pledgedfiduciary, beyond reservation 10 % (ten percent) under the amount of the sale. In summary: alienation 10% of stock ore of iron, deferred by r. decisionfought, will benefit to all the “stockholders" gives company recovering. Therefore, in the face of reasonsextended, as well as the absence of any lossto the Union aggravating, must be fully maintained The R. decision travelwith the consequent revocation of It is made suspensive previously granted.Because of judgment of the grievance of instrument, gets harmed The exam embargoes declaratio

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your incident of objection credit (process nº 0015946-47.2016.8.26.0100) whatthe amount ore of iron existing is much higher to the value of debtguaranteedfact corroborated fur committee of creditors: 2. In your impeachment credit (process no. 0015946- 47.2016.8.26.0100, pages 898), says the Union of Banks what the Alienation Trust Ore of iron would overcome, in much your credit (consideringan price from USD53.65 per tonne) would total about USD 160millions. Per your shift, in this date, the quotation is found above God d 88.45the ton, fur what had existed one excess warranty, as the value ore in iron would reach USD 265million, that is, one excess too much of 135 millions in dollars . (https://in.investing.com/commodities/iron-ore-62-cfr-futures). 3. Creditof the Union of Banks, would remain being holder warranty enough, incase alienation God d 10 million, destined to payment of creditorslabor and hyposufficient40. Like it is observed, such statements were madeWhen the quotation ore of iron was in USD88 per tonne, being what currently the quotation ore of iron is superior to USD 117.00 pertonne, or be, would exist more of 300 million of dollars in Warranty.1 . 41. Evidently, if that time, When The value of good was 25% (twenty and five per percent) bottom of the moment current, The Embargoed defended the existence excess warranty, the claim of danger in damage with for sale ore of iron at the time current in It has anycondition to prosper "(pages 594/595) .Impend observe that the ConstitutionFederal in art. 170, caput, lays down that rightsof the workers should be preserved, Establishingin among the principles general of economic activity, in first place, “valuing from work human", to principle side of free initiative.Indeed, there are currently evidentTo

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Appeal of instrument lessor. "Stay period", what Visa preservation gives activity business, in benefit From creditors and of recoveries. Actions in eviction what can cause impacts direct in restructuring of the group in companies, an turn what reach assets essential to development of activitieseconomical of recoveries in retail. Applicability of the period suspension at actions eviction per lack payment, for how much it comes of obligations subjectThe recovery and demands what are based on debt liquid. Competence of judgment recuperational for appreciation of all the measures what can reach The patrimony Social and business legal of companies in restructuring, soto ensure the greeting from scratch registered in art. 47 of the Law of recoveries and Bankruptcies. Relevance From points commercials exploited by recoveries, essential to development of activities commercials and success of the plan in restructuring. Maintenance of the decision aggravated. Appeal of instrument what if denyprovision "(Appealin Instrument no. 2187066-36.2016.8.26.0000, Des Rel. CAESAR CIAMPOLINI, 1st Chamber Reserved right Business of the TJSP, j. 12.22.2017) .Also, best luck don't watchto the Union aggravating how much to claim that the alienation immediate limited to $ 10 million of american dollars in ore of iron for third parties, fragility significantly the object good alienationfiduciary, aims to treat yourself small fractionconsidering the totality of the volume of stock in ore of iron pledged fiduciary, mercy of that admittedly enough to pay off the credit of Syndicate of Banks aggravating.In this optics, as you clarified The own recovering in counter-draft, “(...) 39. Also, show-if necessary highlight what himself Embargoed already manifested expressly

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"CONFLICT IN COMPETENCE - ARRESTO FROMASSETS GIVES COMPANY IN RECOVERY JUDICIAL - IMPOSSIBILITY - SUSPENSIONDICENTEDES- COMPANIES IN WHAT SE PROCESS THE RECOVERY JUDICIAL.I - A e. 2nd Section this The. Cut, at sopesar The difficulty or same total unfeasibility of implementation of the plan in recovery judicial, due of continuity of executions individual, concluded what, okay and approved the plan recovery judicial, the creditsshould to be executed according to the conditions there stipulated; II - Convalidation the injunction previously granted, recognizing the competence pain. JUDGMENT IN RIGHT GIVES 1st STICK CIVIL OFFORUM DISTRICT IN CAIEIRAS / SP "(CC 98264 / SP, MinisterMASSAMI UYEDA, MONDAY SECTION, judged on 03/25/2009, DJe 06/04/2009). "RECOVERY JUDICIAL. JUDGMENT UNIVERSAL.DEMANDS LABORERS. PROCEEDING. IMPOSSIB ILITY.1 - There to prevail, in recovery judicial, The universality, under feather of frustration of the plan okay through the assembly in creditors, still what the credit be labor.2 - Conflict known for declare the competence of Judgment right 1st Court Bankruptcy and recoveries Judicial from São Paulo - SP "(CC 90504 / SP, Rel. Minister FERNANDO GONÇALVES, MONDAY SECTION, judged on 06/25/2008, DJe 07/01/2008) .In this optics, has decided it is Colenda Chamber Reserved right Business, accordingprecedent related: "Extrajudicial recovery. Group Colombo. Decisionwhat determined the suspension of actions eviction judged against recoveries.To

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previous to deferral of processing of judicial recovery, the Justice of Job must proceed at the trial From too much acts referring award.2. Outdated the term of 180 days foreseen in the article6th, §4, of law No. 11.101 / 2005, must to be reestablished the right From creditors in Continue your executions against the debtor, if no there plan recoveryjudicial okay.3. Appeals regimental provided for no to know of conflict of competence "(AgRg in CC 105.345 / DF, Rel. MinisterFERNANDO GONÇALVES, MONDAY SECTION, judged on 10/28/2009, DJe 11/6/2009)." PROCESSUAL CIVIL. CONFLICT POSITIVE INCOMPETENCE. JUDGMENT IN RIGHT AND JUDGE SPECIAL CIVIL. PROCESSIN RECOVERY JUDICIAL (LAW No. 11.101 / 05). ACTION IN INDEMNITY.DAMAGEMORALS.VALUEGIVESCONVICTION.CREDITCLEARED.ENABLING. ALIENATION IN ACTIVE AND PAYMENTS IN CREDITORS.COMPETENCE OF JUDGMENT GIVES RECOVERY JUDICIAL. PRECEDENTS OFSTJ.1. With the edition of law n. 11,101 / 05, respected at specificities bankruptcy and recovery judicial, is competent the respective Judgment for continuation From acts of execution, such as alienation asset and payment creditors, which involves credits cleared in others judicial organs, including labor, still what have occurred the constriction of goods of the debtor.2. After the counting of the amount due, will suein judgment of recovery judicial the corresponding habilitation, under feather of violationFrom Principles of indivisibility and universality, beyond disobedience to command prescribed in art. 47 of the Lawn. 11.101 / 05.3. Conflict of competence known for declarecompetent the Judgment right 1st Court Business From Rio of January (RJ) "(CC 90160 / RJ, Rel. Minister JOÃO OTÁVIO OF NORONHA, MONDAYSECTION, judged on 05/27/2009, DJe

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30.72317LABOR - COMPANY IN RECOVERY JUDICIAL - JUDGMENT UNIVERSAL- PRINCIPLE GIVES PRESERVATION GIVES COMPANY - SUSPENSION DASEXECUTIONSINDIVIDUALSAGAINSTTHE COMPANYRECOVERY- INTERPRETATION OF ART. 3rd and 6th DA LAW 11,101 / 05 - COMPETENCE OFJUDGMENT GIVES RECOVERY - CONFLICT KNOWN AND PARTIALLYPROVIDED.1 - The principle of preservation from the company, carvedno art 47 of the Law recovery and Bankruptcies, advocates what "THE recovery judicialhave per goal make feasible overcoming of the situation crisis economic-financialof the debtor, to allow the maintenance from the source producer, of employment Fromworkers and the interests From creditors, promoting, like this, the preservation gives company, your occupation Social and the stimulus the activity economic ". Reason fur which, ever what possible, must keep the active from the company free of constriction judicialin Law Suit individual.2 - It is repeated the jurisprudence this HigherCourt of Justice in the sense that "after the approval of the plan recoveryjudicial from the company or decree breaking, the actions and executions laborin course, will have your continuation in the judgment Failure, same what already accomplished The garnishment of goods in the judgment Labor "(STJ. CC 100922 / SP - Rel. Minister SIDNEIBENETI - 2nd Section - 26 / 09/2009) .3 - Conflict Competence known and partiallyprovided for declare the competence of the Judgment of recovery judicial forproceed in executions targeted against the company recovering "(emphasis added) - CC 108.457 / SP, Rel. Minister HONILDO AMARAL DE MELLOCASTRO (DISEMBARGATOR CALLED TJ / AP), MONDAY SECTION, judged on 02/10/2010, DJe 02/23/2010). "CONFLICT IN COMPETENCE. RECOVERYJUDICIAL. AWARD PREVIOUS. COMPETENCE GIVES JUSTICE OFJOB. EXECUTION. SUSPENSION. DEADLINE. PLAN IN RECOVERYNO OKAY.1. In hypothesis From assets have been

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EXECUTION INDIVIDUAL.BEMDAEMPRESARECUPERANDA.ESSENTIALIDADE OR NO DO BEM. COMPETENCE. UNIVERSAL JUDGMENT. 1. In accordance with the principle of preservation of the company, the judgment of value regarding the essentiality or not of the good to the functioning of the company must be carried out by the Judicial Reorganization Court, which has access to all information about the real situation of the assets of the recovering company. 2. Internal complaint not provided ”(underlined - AgInt in AREsp 767698 / SP, report Min. LUIS FELIPE SALOMÃO, j. On 19/05/2016)." Conflict of competence. Judicial recovery. Law No. 11,101 / 05. Execution of extrajudicial title. Need to preserve economic activity. Jurisdiction of the universal court. Precedents. Conflict known to declare the jurisdiction of the Court of Law of the 1st Civil Court of São Bernardo do Campo - SP "(emphasis added - STJ, CC nº 142.660-SP, Rel Minister PAULO DE TARSO SANSEVERINO, 1/8/2016). monocratic decision, the Minister reported the following precedents, all also from the Superior Court of Justice Colendum: "REGIONAL DAMAGE IN THE POSITIVE COMPETENCE CONFLICT. SOCIAL FUNCTIONS OF THE COMPANY. INCOMPATIBILITY BETWEEN COMPLIANCE WITH THE OPERATING PLAN AND MAINTAINING INDIVIDUAL EXECUTIONS. APPROVED RECOVERY PLAN. COMPETENCE OF UNIVERSAL JUDGMENT. DJe 06/24/2010). "CONFLICT OF COMPETENCE -

AGRAVO INTERNO. AGRAVO EM RECURSOESPECIAL. RECUPERAÇÃO JUDICIAL.CRÉDITOS EXTRACONCURSAIS

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Vote nº 30.72315 “While no there is wake up in between Recovering and Aggravating the ore of iron remains outdoors, losing value, bringinglosses: To creditors of Judicial Recovery what nohave perspective of resumption of activities Recovering and payment in their credits; To Aggravating what have your Warranty undervaluedday-to-day hair effects depreciation accelerated ore of iron stocked on the air free.12. Per other side, in the market International, The ore of iron it is valued, that is, for sale ore of iron and yourspermanence in judicial account, will preserve Active Recovering given away inWarranty fiduciary ”(emphasis added) - fl. 607) .Complies exalt still that, a. decision fought well delimited that the importanceresulting alienation ore of iron now bent, will be deposited in count of the Judgment, under oversight from the judicial administrator, to be usedspecifically for decided purposes and approved fur Judgment of Recovery Judicial.Relevantstress, still, The competence of the Judgment recuperational to deliberate onalienation of assets and assets recovering, as well as on the totality of measures that can reach your patrimony Social and business legal that aim your restructuring, making sure, like this, the greeting of principle bigger carved in art. 47 of the LawNo. 11,101 / 2005. In this path, check out:

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According to well noted for the worthymagistrate “A quo”, does not exist cohesion in between themselvescomponents of the Union of Banks, now aggravating, aboutof acceptance whether or not the proposal payment done through the recovering, as well as in relation the execution warrantyor agreement on your eventual alienation, for how much, That division internal cannot harm the implementation of plan recovery judicial from the company aggravated, okay since August 2019.In this running machine, the judicial administrator corroborates the aforementioned absence cohesioninternal of the union aggravating, in the following terms: “(...) 7. Until the moment, the condition precedent in Wake up with the Union From Banks for sharing of guarantees with at Investors still no was implemented. Valley to score, Investors and the Recovering, in 8/25/2020, accepted the conditions of the Union From Banks, according to demonstrates the e-mail attachment. It is Administrator Judicial requested The document formalization of the Agreement, which still no was forwarded by Parties.8. While the deal in between Recovering and Aggravating no is finished, there are millions of dollars in ore of iron stockedoutdoors in Santana / AP (at the Port) and Stone White Amapari (Plant in extraction ore of iron) what They are deteriorating and often are target in measures expropriation. (...) (emphasis added) - pages 602/606). He added, still, The i. manager judicial about deterioration in tonnes ore of iron, object

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Preambularly, complies savethat, despite this rapporteur, in a similar case discussedwe recordsof Appealin Instrumentnº 2267662-41.2015.8.26.0000, have if decided through the impossibility alienation certain amount in ore of iron recovering, now aggravated, without express consent creditor with right real warrantyon the good to be alienated, “In casu”, the panorama current is diverse, mercy than, deserves solution distinct.The attack appeal handled with bluntness by the Union of Banks now aggravating, strengthens, In summary, in the argument that the alienation part of stock ore of iron gives recovering for third parties, without your consentprior, in quality creditor fiduciary, opportunity The substantial emptying warranty granted in alienation fiduciary, as well as violate the V. judgmentsprolate for this Egregious Court Illustration, we recordsFrom Appealsin Instrume ntnº 2043689-07.2016.8.26.000and nº 2078905-92.2017.8.26.0000, the which arerecognized, respectively, the existence and validity of the propertyfiduciary now constituted, besides concluding for your extraconcursality. Yet, this assertion of not harmonize with the elements constants the file, at measure in that moment some existence is denied Or the shelf life of the property fiduciary constituted, as well as the extraconcursal nature credit of the aggravating factor.However, the nominee Warranty fiduciary can not prevent the continuation business from the companyrecovering, about everything about to entail risk To your

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iv. That Douto Judgment appreciates the request liftingand if authorized, it is Administrator Judicial will accomplish the inspection gives use of the amount released we terms requested we records previously; No refuses what request similar was introducedpreviously is on degree appeal E. TJSP decided what Recovering no couldalienate certain amount ore of iron without consent creditor with rightreal warranty on the good to be alienated.However, the situation current is distinct. The plan in Recovery it's already gone okay. For sale ore of iron will provide resourcesfor The payment of creditors labor and the implementation of measuresneeded to the resumption of activities.The ore of iron to be soldrepresents only an minimum fraction of the total warranty.But which would be the reason refusal, if, economically,the guarantee no it will be emptied? All indicates what the lack cohesion internal in between the Banks it took to paralysis decisive, would you like in relationship the acceptance of the proposal in payment Recovering would you like in relationship the execution warranty, and alsoabout alienation.All that results in ore of iron stopped, inloss of all those involved, only per refusal unwarranted creditor guaranteed.It is a bad exercise of the right warranty. In that case, remains to Power Judiciarycorrect the abuse in the exercise of the right, authorizing for sale.Is for what no claim what the decision considersonly the interests From creditors subjects The recovery, determine what 10% of value of the sale stay deposited for payment to the Union.Fur exposed, I authorize for sale of stock oreof iron up until the limit from $ 10 million for the ends required, with the reservation 10%to the Union and observing yourself the procedure suggested through the Administrator Judicialfor proof of expenses and survey of the amount.