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AMPER, SA and Subsidiaries Consolidated Financial Statements for ...

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Provincial Appeal Court also ordered Cable Andino, S.A. to pay the costs of the appeal, stating that no<br />

further appeal would be admitted against this Decision.<br />

As a result of the initiation of possible precautionary measures by Cable Andino in Brazil, the Brazilian<br />

office that is monitoring the issue in<strong>for</strong>ms that the possible rogatory letter has not been received in the<br />

Brazilian Foreign Ministry, <strong>and</strong> if it did, the chances of the action succeeding would be remote.<br />

Given the nature of the risks covered by these provisions, it is not possible to determine a reasonable<br />

timescale <strong>for</strong> payment dates if there were to be any. Nevertheless, both the legal advisers of the Group<br />

<strong>and</strong> its Administrators consider that the outcome of these proceedings <strong>and</strong> claims will not have a<br />

significant effect on the consolidated financial statements <strong>for</strong> the years in which they are settled,<br />

beyond those already recognised.<br />

There is an arbitration claim filed against the Company by the <strong>for</strong>mer shareholders of one of the<br />

companies acquired by Amper, corresponding to the discrepancies of the price variable established in<br />

the purchase agreement. The Directors consider that the resolution of this claim will not have a<br />

significant impact in the <strong>Consolidated</strong> <strong>Financial</strong> <strong>Statements</strong> of the Amper Group.<br />

In<strong>for</strong>mation on the postponement of payments to suppliers. Third additional disposition. "Duty to<br />

in<strong>for</strong>m" of Act 15/2010 of 5 July 2010.<br />

The in<strong>for</strong>mation regarding the deferred payments to suppliers by the consolidated Spanish companies is<br />

outlined below:<br />

Payments made <strong>and</strong> payments pending by 31/12/11 (thous<strong>and</strong>s of Euros): 31.12.11<br />

Thous<strong>and</strong>s of<br />

Euros %<br />

Within the legal maximum period 42,057 41%<br />

Remaining 60,095 59%<br />

Total payments <strong>for</strong> the financial year 102,152 100<br />

PMPE * (days) of payments 42<br />

Deferrals which exceed the statutory maximum period at the closing date 12,111<br />

* Weighted Average Days Past Due<br />

The outst<strong>and</strong>ing balance under the "Trade payables <strong>and</strong> other accounts payable" heading at the end of<br />

the 2010 financial year amounted to 10,796,000 Euros. In addition, it should be noted that the<br />

a<strong>for</strong>ementioned Act 15/2010 took effect on 5 July 2010 <strong>and</strong> consequently applies to the contracts<br />

signed after this date. And taking into account the length of time which has elapsed from the signing, the<br />

delivery of goods or services <strong>and</strong> the legal deadlines of valid payments within the transitional period of<br />

implementation of the Act, it was found that there were no deferrals exceeding the maximum limits<br />

established in the current legislation in the Company which stood out.<br />

As prescribed in the second transitory provision of the ICAC (Institute of Accounting <strong>and</strong> Accounts<br />

Auditing) Resolution of 29 December 2010, the comparative in<strong>for</strong>mation <strong>for</strong> the 2010 financial year does<br />

not include the breakdowns corresponding to the payments made in compliance with the legal<br />

timetables established by Act 15/2010 or the Weighted Average Days Past Due by being the first<br />

financial year in which the new disclosure requirements required by the a<strong>for</strong>ementioned Act became<br />

applicable.<br />

48

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