Autonomous City of Buenos Aires, February 28, 2013
To: Buenos Aires Stock Exchange
Re: Information pursuant to Section 23 of the
Regulations of the Buenos Aires Stock Exchange
Dear Sirs:
We send you this letter to comply with the requirements of Section 23 of the Regulations of the Buenos Aires Stock Exchange.
To that end, please be advised that YPF S.A. (“YPF” or the “Company”) has been served notice of a complaint filed by Repsol S.A. (“Repsol”) on July 31, 2012 in New York State Supreme Court, in the United States of America, Case No. 652653/2012 (the “Complaint”), against The Bank of New York Mellon (“BONY”) and YPF.
In the Complaint, Repsol asserts claims for damages arising from an alleged lack of acceptance and refusal by BONY to comply with the voting instructions issued by Repsol in connection with, among other things, the election of directors to YPF’s Board of Directors in the shareholders’ meeting held on June 4, 2012, in violation of its contractual obligations.
Repsol alleges that in addition to the ADS held in its own name, it had the right to vote the ADS pledged in its favor, which it was unable to do as a result of BONY’s alleged wrongdoing and YPF’s alleged interference to have Repsol’s instructions rejected.
Without prejudice to the detailed legal analysis of the claim that YPF will perform in connection with its defense, the Company categorically rejects the allegations that it breached any legal or contractual obligation in prejudice to any shareholder.
Consequently, YPF believes that the Complaint is completely inadmissible and will take the legal measures available to it to best defend its interests and those of its shareholders.
Yours faithfully,
Rodrigo Cuesta
Corporate Director for Legal Services
YPF S.A.