12 unchanged sentences
On July 28, 2023, the Rosarito Court issued a resolution in which it:
−Removed: (i) granted the precautionary measures requested by EWG, subject to the posting of a bond in the amount of MXN$1,500,000 (One Million Five Hundred Thousand Mexican Pesos), and (ii) ordered that once the precautionary measures were executed, NSC would be summoned to that procedure and EWG would have three business days to prove that it initiated the arbitration.
−Removed: To our knowledge, EWG has not posted the bond set by the Rosarito Court.
−Removed: (i) the precautionary measures have not been enforced, (ii) no securing or attachment has been registered against the real estate of NSC;
+Added: (i) granted the precautionary measures requested by EWG, subject to the posting of a bond in the amount of MXN$1,500,000 (One Million Five Hundred Thousand Mexican Pesos), and (ii) ordered that once the precautionary measures were executed, EWG would have three business days, counted from the posting of the bond, to initiate and prove to the Rosarito Court that it initiated the arbitration.
+Added: To the Company’s knowledge EWG has not posted the bond.
+Added: Consequently, NSC has not been summoned to an arbitration procedure.
+Added: As EWG has apparently not posted the bond set by the Rosarito Court (i) the precautionary measures have not been enforced;
+Added: (ii) no securing or attachment has been registered against the real estate of NSC;
and (iii) NSC has not been formally summoned to this procedure.
−Removed: Furthermore, NSC is unaware of any arbitration commenced by EWG regarding this matter.
+Added: As stated previously, NSC is unaware of any arbitration commenced by EWG regarding this matter.
b) NSC amparo lawsuit
On August 16, 2023, NSC filed an amparo suit (i.e.
−Removed: application for constitutional relief) before the Eleventh Federal District Court in Tijuana (“Eleventh Federal Court”) against the precautionary measures granted to EWG by the Rosarito Court.
−Removed: In its amparo suit, NSC also requested the Eleventh Federal Court to grant an order to put on hold said precautionary measures.
−Removed: A preliminary order to stay was granted by the Eleventh Federal Court, followed by a definitive injunction, subject to the posting of a guarantee.
+Added: application for constitutional relief) before the Eleventh Federal District Court in Tijuana (“Federal District Court in Tijuana”) against the precautionary measures granted to EWG by the Rosarito Court.
+Added: In its amparo suit, NSC also requested the Federal District Court in Tijuana to grant an order to put on hold said precautionary measures.
+Added: A preliminary order to stay was granted by the Federal District Court in Tijuana, followed by a definitive injunction, subject to the posting of a guarantee.
NSC has submitted the guarantee to the court.
+Added: NSC subsequently filed an extension of the amparo suit introducing new arguments aiming to strengthen NSC´s position.
+Added: The amparo extension was admitted through a resolution published on November 7, 2023.
+Added: The Federal District Court in Tijuana has not been able to summon EWG on this amparo suit, as it has not been able to determine or obtain an address for such summons.
+Added: As such, the Federal District Court in Tijuana has requested various authorities to provide information on any domicile where EWG can be summoned.
+Added: The responses of some authorities are in process of being received by the Federal District Court in Tijuana.
+Added: NSC is waiting until all the authorities provide their official response to determine if there is a viable alternative for summoning EWG.
+Added: NSC offered certain evidence consisting of the docket of amparo file number 74/2020, which was processed by the Twelfth Civil District Court in Tijuana.
+Added: The Amparo Law provides that any documentary evidence offered by the parties shall be issued without any cost.
+Added: Therefore, NSC requested the Court to grant the expedition of said copies for free.
+Added: However, this request was denied by the Federal District Court in Tijuana.
+Added: Therefore, NSC filed an appeal for review against said decision, which was admitted by the Federal District Court in Tijuana and sent to the Second Collegiate Circuit Court in Tijuana, acting as Court of Appeals, which confirmed the admission of the appeal remedy through a resolution published on January 26, 2024.
+Added: The judgment is still pending resolution.
We cannot presently determine what impact the resolution of this matter may have on our consolidated financial statements.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.