Empresas y finanzas

Alexander Angueira Statement and Letter to Law Debenture Trust Corp Noticing Law Suit Filed Against Them and Elektrim on June 1, 2007



    Statement by Alexander Angueira, Attorney for Vivendi Holdings 1
    Corp., Assignee of Claims Held by Elektrim Bondholders, Regarding
    Lawsuit Filed on June 1, 2007, for Breach of Fiduciary Duty and Breach
    of Contract against Law Debenture Trust Corporation, Plc (U.K.)and for
    Fraud and Breach of Contract against Elektrim S.A.:

    (SEE TEXT OF LETTER BELOW)

    Alexander Angueira, of the firm of Stearns Weaver Miller Wiessler
    Alhadeff & Sitterson, P.A., Miami Florida (305-789-3240), attorney for
    Vivendi Holdings 1 Corp, issued the following statement:

    On Friday, June 1, 2007, on behalf of my client, Vivendi Holdings
    1 Corp., as the assignee of claims held by Elektrim Bondholders,
    including General Motors Corp., I filed a lawsuit against Law
    Debenture Trust Corporation (LDTC) and Elektrim S.A., Defendants in
    United States District Court for the Southern District of Florida.
    (Case No. 07-21431, CIV-KING).

    Attached is a letter I sent on Sunday, June 3, to representatives
    of Law Debenture Trust Corp., notifying it of the lawsuit and
    demanding that it maintain the status quo and not release any funds
    that it received from either Elektrim or Deutsche Telekom that relate
    to the unlawful transfer from Elektrim to Deutsche Telekom of shares
    of Polska Telfonia Cyfrowa Sp. z o.o. ("PTC"). Any release could
    further prejudice to the Bondholders' rights to recover the value of
    an equity kicker that was added to the bond instruments by a
    Restructuring Agreement.

    As set forth in the Complaint, the Law Debenture Trust Corporation
    breached both its fiduciary duty and its contractual obligations when
    it withdrew its bankruptcy petition against Elektrim SA while in the
    possession of material information that it did not disclose to General
    Motors or its financial advisor, Everest Capital Ltd. If that
    information had been disclosed, both General Motors and Everest
    Capital would not have supported withdrawal of the bankruptcy
    petition, and General Motors and Everest Capital would have retained
    the right to recapture assets that Elektrim had fraudulently
    transferred, including shares of Polska Telfonia Cyfrowa Sp. z o.o.
    ("PTC") that were illegally transferred to Deutsche Telekom.

    -0-
    *T
    June 3, 2007

    Via Facsimile and Electronic Mail

    The Manager, Trust Administration
    The Law Debenture Trust Corporation p.l.c

    VIA FACSIMILE:

    The Law Debenture Trust Corporation p.l.c

    VIA FACSIMILE:

    Re: EUR 510,000,000 Bonds due 2005 issued by Elektrim Finance B.V. and
    Guaranteed by Elektrim S.A. ("the Bonds")

    Dear Sirs,

    I represent Vivendi Holdings 1 Corp., the assignee of all claims held
    by, among others, General Motors Corp. ("General Motors") with
    respect of its holding, through Everest Capital Ltd. ("Everest"), of
    Elektrim Finance BV 2% bonds due 12/18/2005.

    On June 1, 2007, Vivendi Holdings 1 Corp. filed suit against Law
    Debenture Trust Corporation p.l.c. ("LDTC") and Elektrim S.A. in the
    United States District Court for the Southern District of Florida.
    Among other things, the Complaint alleges that LDTC (i) breached its
    fiduciary duty to General Motors and other Elektrim bondholders and
    (ii) breached the Second Supplemental Trust Deed, when it failed to
    disclose material information to the bondholders prior to the
    bondholders' decision to withdraw their bankruptcy petition against
    Elektrim and when it knowingly accepted proceeds of an illegal
    transaction. The Complaint seeks damages and an injunction requiring
    LDTC to hold in escrow the proceeds relating to the illegal transfer
    to Deutsche Telekom AG ("DT") of shares of Polska Telfonia Cyfrowa
    Sp. z o.o. ("PTC").

    By this letter, I demand that LDTC maintain the status quo and not
    disburse or transfer any funds relating to the illegal transfer of
    PTC shares until the District Court has resolved the issues raised by
    the Complaint. Any disbursement of the funds could prejudice General
    Motor's rights and those of Vivendi as assignee to additional funds
    from Elektrim under the Debt Restructuring Agreement as set forth in
    the Complaint.

    Further, as the attorney for these Elektrim bondholders, I demand that
    you immediately send me all documents in LDTC's possession, custody,
    or control relating to the Elektrim bonds.

    This letter is sent without prejudice to the legal position and any
    rights and claims that Vivendi Holdings I Corp. might have in any
    existing or future court or arbitration proceedings.

    Sincerely,

    Alexander Angueira
    *T