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BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...

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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document<br />

Pg 62 of 133<br />

a single Group Executive Board, whose members are approved by UBS AG’s Board of<br />

Directors. (Pergament Decl. Exs. 62; 56 at 204.) Both the Group Executive Board and UBS<br />

AG’s Board of Directors exercise supervisory responsibility for UBS Group, which includes<br />

both UBS AG and its subsidiaries. (Pergament Decl. Ex. 63 at R. 15.2, 5.3.) UBS AG executive<br />

Douglas Lindgren testified that the Group Executive Board “governs the whole company,”<br />

including “UBS AG and the subs.” (Pergament Decl. Ex. 64 at 85:14–22.) “In some fashion,”<br />

Lindgren testified, the Group Executive Board is “responsible for everything that happens[.]”<br />

(Id. at 86:23–87:7.) UBS’ marketing materials also present UBS’s global operations as one,<br />

unified whole. 21 The following chart demonstrates the corporate interconnections between UBS<br />

AG and the Moving UBS Defendants:<br />

21 See, e.g., About Us, UBS AG, http://www.ubs.com/1/e/about.html (last visited August 14, 2012) (“UBS is a<br />

global firm providing financial services to private, corporate and institutional clients.”);<br />

2006/2007 Print Ads, UBS AG, http://www.ubs.com/1/e/about/brand/ads/print_ads.html (last visited August 14,<br />

2012) (noting that in its print ads “UBS branding elements such as logo and tagline were enlarged, while the<br />

integrated UBS business descriptor was made more prominent.”); Pergament Decl. Ex. 61 at 12 (describing its<br />

business as “a client-focused financial services firm that offers a strong combination of wealth management, asset<br />

management and investment banking services on a global and regional basis”).<br />

42

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