BERMUDA

SUPREME COURT

THIRD PARTY NOTICE – JOINT LIABILITY – ORDER 15 RULE 4(3) – DIRECTIONS – JOINDER

On 22 August 2013, the Plaintiff issued a Generally Endorsed Writ of Summons against the Defendants seeking damages estimated at approximately US$4.8 million for breach of a Sale and Purchase Agreement.

After entering an appearance on or about 12 September 2013, the Defendants issued a Third Party Notice against Fiduciary Partners Trust Company Limited (“Fiduciary”). This sought a contribution in respect of any damages which might become payable to the Plaintiff by the Defendants on the grounds that Fiduciary was jointly or jointly and severally liable under the sale and purchase agreement with the Defendants in respect of the relevant obligations.

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