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Subject to the right of a dissenting shareholder to seek
redemption upon a decision made at a shareholders' meeting
by shareholders representing over 50% of the voting shares,
our ordinary and preferred shares are not redeemable:
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· to change the
preference of our preferred shares or to create a class
of shares having priority or preference over our preferred
shares;
· to reduce our mandatory distribution of dividends;
· to change our corporate purposes;
· to transfer all of our Embratel shares to another
company in order to make Embratel a wholly-owned subsidiary
of that company;
· to approve the acquisition of another company,
the price of which exceeds certain limits set forth in
the Brazilian Corporate Law; and
· to merge or consolidate with another company,
if certain liquidity standards provided in the Brazilian
Corporate Law are not met.
The right to redemption lapses 30 days after either:
· publication of the minutes of the relevant shareholders'
meeting approving the increase in capital; or
· the publication of the minutes of our preferred
shareholders' special meeting, in case the capital increase
resolution is dependant upon the approval by a majority
vote of our preferred shareholders. |
We would be entitled to reconsider any action giving rise
to redemption rights within 10 days following the expiration
of those rights if the redemption of shares of dissenting
shareholders would jeopardize our financial stability.
Unless otherwise later differently provided in our by-laws,
our shares are redeemable at their book value, determined
on the basis of the last annual balance sheet approved by
the shareholders. If the shareholders' meeting giving rise
to redemption rights occur more than 60 days after the date
of the last annual balance sheet, a shareholder may demand
its shares to be valued on the basis of a new balance sheet,
which shall be dated no more than 60 days earlier of such
shareholders' meeting.
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