TPI Triunfo Participacoes e Invest. SA : Material Fact
02/03/2012 | 05:24pm
TPI - TRIUNFO PARTICIPAÇÕES E INVESTIMENTOS S.A.
Publicly-Held Company
Corporate Taxpayer's ID (CNPJ): 03.014.553/0001-91
Company Registry (NIRE): 35.300.159.845
MATERIAL FACT
TPI - Triunfo Participações e Investimentos S.A. (the
"Company"), pursuant to article 157 of Law
6404 and CVM Instruction 358 and following the Material Fact
published on March 4, 2010 (on the declaratory action on the
annullment of juridical act filed by Setel - Construtora,
Incorporadora e Empreendimentos Imobiliários Ltda. against
Joaquim da Rocha Brites and TPB - Terminal Portuário Brites
Ltda.) hereby announces that Judge Ramon Mateo Junior of the
2nd Civil Court of Santos:
i) Sentences the plaintiff, due to bad faith
litigation, to pay a fine of one percent (1%) and damages of
ten percent (10%) of the amount of the lawsuit, to be evenly
shared by the defendants;
ii) Finds that the signature on the document that
serves as a basis for the agreement termination has been
forged;
iii) Given the zeal of the defendants' attorneys, the
place of the service provision (Santos,
when they are established in different judicial districts),
the lawsuit's nature and relevance, the work performed
by the attorneys and the time consumed by their services,
fixes the attorney's fees of the winning party at
fifteen percent (15%) of the lawsuit amount, half of which
payable to the attorneys Joaquim da Rocha Brites and Deolinda
da Rocha Brites and the other half to the attorneys of
TPB-Terminal Portuário Brites Ltda. and TPI - Triunfo
Participações e Investimentos S.A.;
iv) Decides that the plaintiff must reimburse the
expenses prepaid by the defendants; and
v) Determines that the entire content of the records be
submitted to the State Prosecution
Office as evidence of the crime of use of forged
documents.
São Paulo, February 3, 2012
Ana Cristina Carvalho
Investor Relations Officer
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