2 unchanged sentences
While it is not possible to determine the ultimate disposition of each of these matters and proceedings, we do not believe that their ultimate disposition will have a material adverse effect on our financial position, results of operations or cash flows.
+Added: Additionally, we are involved in the following legal proceedings.
+Added: We are involved in various arbitrations pending before the International Chamber of Commerce with several customers who, among other things, have failed to perform under their LTAs and in certain instances are seeking to modify or frustrate their contractual commitments to us.
+Added: We intend to vigorously enforce our rights under these agreements.
Pending litigation in Brazil has been brought by employees seeking to recover additional amounts and interest thereon under certain wage increase provisions applicable in 1989 and 1990 under collective bargaining agreements to which employers in the Bahia region of Brazil were a party (including our subsidiary in Brazil).
5 unchanged sentences
In the first quarter of 2017, the state court initially ruled in favor of the employees.
−Removed: We have appealed this state court ruling as well and intend to vigorously defend it.
+Added: We appealed this state court ruling, and the appellate court issued a decision in our favor on May 19, 2 020.
+Added: The employees have further appealed, and on December 16, 2020, the court upheld the decision in favor of GrafTech Brazil.
+Added: On February 22, 2021, the employees filed a further appeal, and we intend to vigorously defend our position.
As of December 31, 2020, we are unable to assess the potential loss associated with these proceedings as the claims do not currently specify the number of employees seeking damages or the amount of damages being sought.
−Removed: The National Water Commission in Mexico, or CONAGUA, initiated an administrative proceeding with respect to water usage at the Company’s Monterrey facility on November 26, 2018.
−Removed: The inquiry relates to an audit of historical water usage fees and related assessments for the facility.
−Removed: The Company is cooperating with CONAGUA with respect to this matter.
+Added: On September 30, 2020, a stockholder of GTI filed a lawsuit in the Delaware Court of Chancery.
+Added: The stockholder filed an amended complaint on February 5, 2021, in response to the defendants' motion to dismiss.
+Added: The amended complaint challenges the fairness of GTI’s repurchase of shares of its common stock from Brookfield for $250 million pursuant to a December 3, 2019 share repurchase agreement and also a related block trade by Brookfield of shares of GTI’s common stock.
+Added: The stockholder, on behalf of an alleged class of holders of shares of GTI’s common stock as of December 3, 2019 and also purportedly on behalf of GTI, asserts claims for breach of fiduciary duty against certain members of GTI’s Board of Directors and Brookfield.
+Added: The stockholder also challenges the appointment of the newest independent director to GTI’s Board of Directors, as allegedly in violation of GTI’s Amended and Restated Certificate of Incorporation and the Stockholder Rights Agreement with certain Brookfield entities and affiliates.
+Added: The stockholder seeks, among other things, an award of monetary relief to GTI and a declaration that the appointment of the newest independent director to the Board of Directors is invalid.
Mine Safety Disclosures
3 unchanged sentences
There are no family relationships between any of our executive officers.
−Removed: President and Chief Executive Officer
−Removed: Vice President, Chief Financial Officer and Treasurer
−Removed: Senior Vice President, Operations and Development
−Removed: Chief Legal Officer and Corporate Secretary
−Removed: Iñigo Perez Ortiz
−Removed: Senior Vice President, Commercial
+Added: Name Age Position
+Added: Rintoul 63 President and Chief Executive Officer
+Added: Coburn 57 Vice President, Chief Financial Officer and Treasurer
+Added: Halford 48 Senior Vice President, Operations and Development
+Added: Gunning 54 Chief Legal Officer and Corporate Secretary
+Added: Iñigo Perez Ortiz 49 Senior Vice President, Commercial
Rintoul became President and CEO and was elected to the board of directors in March 2018.
1 unchanged sentence
Rintoul served as President of U.S.
−Removed: Steel Tubular Products and as a Senior Vice President of United States Steel Corporation (or U.S.
+Added: Steel Tubular Products and as a Senior Vice President of United States Steel Corporation ("U.S.
Before that, Mr.
16 unchanged sentences
Gunning joined the Company as Chief Legal Officer and Corporate Secretary in July 2018.
−Removed: She has nearly 25 years of law firm and in-house corporate legal experience across multiple industries.
+Added: She has 25 years of law firm and in-house corporate legal experience across multiple industries.
Prior to joining GrafTech, she was an Associate General Counsel at FirstEnergy Corp.
10 unchanged sentences
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.