Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-01482-GIVIS Document 48-16 Filed 03/31/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OP DELAWARE
DAVIS INTERNATIONAL, LLC, HOLDEX, LLC,:
POSTON MANAGEMENT, LTD, and :
OMNI TRUSTHOUSE, LTD, 1
Plaintiffs, 2
v. No. 04-1482-GMS
NEW START GROUP CORP., VENITOM CORP.,i
PAN—Al\/IERICAN CORP., MDM BANK, :
URAL—GORNO METALLURGICAL COMPANY, :
EVRAZ HOLDING, MIKHAIL CHERNOI, :
OLEG DERIPASKA, ARNOLD KISLIN, :
MIKHAIL NEKRICH, and ISKANDER :
MAKMUDOV, :
Defendants.
DECLARATION OF DAVID H. HERRINGTON
DAVID H. HERRINGTON, declares as follows:
l. I am a member of the Bar of the State of New York and am counsel
with the law firm of Cleary Gottlieb Steen & Hamilton LLP, attorneys for Defendant
Evraz Holding. I submit this Declaration in support of the Defendants’ motions to
dismiss the Complaint. Evraz Holding joins in those motions.
2. In connection with the motion to dismiss on forum non conveniens
grounds, and as a condition to dismissal on such grounds, Evraz Holding hereby agrees:
(a) to consent to the jurisdiction of the Russian courts in any
action tiled by Plaintiffs alleging the same or similar claims
asserted in the Complaint;
(b) to produce any relevant documents or witnesses in Russia;
(c) to consent to any venue in Russia that may be selected by
Plaintiffs; and

Case 1:04-cv-01482-Gl\/IS Document 48-16 Filed 03/31/2005 Page 2 of 2
(d) to waive any defense based on any statute of limitations
which may have expired after the filing ofthe Complaint
herein (November 4, 2004) until 90 days after judgment in
this case becomes final.
I declare under penalty of perjury that the foregoing is true and correct. Executed
on March 10, 2005.
·~ J
DAVID H. HERRINGTON