Oi e Pharol chegam a acordo para acabar brigas na Justiça

Por Valor Econômico

SÃO PAULO – A Oi anunciou nesta quarta-feira (9) que chegou a um acordo com a Bratel, subsidiária da portuguesa Pharol, para encerrar e extinguir quaisquer litígios judiciais e extrajudiciais no Brasil, Portugal e em todos os países em que são movidos processos.

O acordo, aprovado pelos conselho de administração da Oi e da Pharol, prevê que a Oi pague 25 milhões de euros à companhia portuguesa e entregue 33,8 milhões de ações que estão em sua tesouraria.

A empresa brasileira também assumirá custos com garantias judiciais relativas a processos judiciais da Pharol em Portugal e terá de fazer um depósito em conta garantia da Pharol em caso de venda de sua participação na Unitel, empresa de telecomunicação angolana.

Em 2014, quando a Oi adquiriu os ativos portugueses e africanos da Portugal Telecom, ela passou a deter participação indireta de 25% na empresa.

O depósito, segundo o comunicado, visa fazer frente a eventual condenação em contingências tributárias avaliadas como prováveis. Entre as obrigações da Pharol estão a utilização de, no mínimo, 25 milhões de euros na subscrição de ações emitidas no aumento de capital realizado no âmbito do plano de recuperação judicial.

Ela também terá de votar favoravelmente qualquer ato ou medida prevista no plano de recuperação nas assembleias gerais de acionistas. Outra condição que a empresa portuguesa terá de cumprir é permitir que a Oi utilize qualquer valor devolvido à Pharol pela Autoridade Tributária Portuguesa a partir de 24 de março de 2015 com o custo de garantias e contingências tributárias. A Oi terá, ainda, o direito de ter um membro de sua indicação no conselho de administração da Pharol para este mandato. A não implementação deste direito resultará na rescisão do acordo.

“O management da Oi e Pharol estão alinhados, de boa-fé, aos melhores interesses da Oi para que a companhia tenha foco absoluto no turnaround operacional e elimine dispersão e custos relacionados a litígios”, diz trecho do comunicado da Oi. Os termos e condições do acordo somente serão válidos após a homologação pelo juízo da recuperação judicial.

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