AND WAIVE CERTAIN RIGHTS. 2. ABB MEA waives the rights set out in Paragraph 1(b)-(f) above. ABB MEA also waives the right to appeal the imposition of the sentence against it, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. Pursuant to Fed. X. Xxxx. P. 7(b), ABB MEA will waive indictment and plead guilty under Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information to be filed in the United States District Court for the Northern District of Alabama. The Information will charge ABB MEA with participating in a conspiracy to suppress and eliminate competition by rigging the bids on a United States-funded wastewater construction project in the Arab Republic of Egypt, beginning at least as early as June 1989 and continuing at least through September 20, 1996, in violation of 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 2. TTU waives the rights set out in Paragraph 1(b)-(f) above. TTU also waives its right under Paragraph 1(g) to appeal the imposition of the sentence against it, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. Pursuant to Rule 7(b), Fed. X. Xxxx. P., TTU will waive indictment and plead guilty pursuant to Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information, to be filed in the United States District Court for the Eastern District of Pennsylvania. The Information will charge TTU with participating in a conspiracy to suppress and eliminate competition by fixing the price of non-machined and semi-machined isostatic graphite sold in the United States and elsewhere, beginning at least as early as July 1993, and continuing until at least February 1998, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 2. The defendant waives the rights set out in Paragraph 1(b)-(g) above and all jurisdictional defenses to the prosecution of this case, including any defense based on a lack of venue in this District, and agrees voluntarily to consent to the jurisdiction of the United States to prosecute this case against it in the United States District Court for the Northern District of Ohio. The defendant also waives the right to appeal the imposition of sentence against it, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. The defendant agrees to have its sentence determined under the United States Sentencing Guidelines (“U.S.S.G.”) and waives all constitutional challenges to the validity of the U.S.S.G., though both parties understand that U.S.S.G. § 8C2.1, which applies to corporations, does not include 18 U.S.C. § 1512(c)(2) as an offense to which it applies. The defendant agrees that facts that determine its fine range will be found by the court at sentencing by a preponderance of the evidence and that the court may consider any reliable evidence, including hearsay, in making such determinations. Nothing in this paragraph, however, shall act as a bar to the defendant perfecting any legal remedies it may otherwise have on appeal or collateral attack respecting claims of ineffective assistance of counsel or prosecutorial misconduct. Further, pursuant to Fed. X. Xxxx. P. 7(b), the defendant will waive indictment and plead guilty at arraignment to a one-count Information to be filed in the United States District Court for the Northern District of Ohio. The Information will charge the defendant with obstruction of justice in violation of 18 U.S.C. § 1512(c)(2) for corruptly obstructing or impeding an official proceeding, specifically a grand jury in the Northern District of Ohio which is investigating allegations of price-fixing, market allocation and other violations of federal law arising in the feeder-goldfish industry.
AND WAIVE CERTAIN RIGHTS. 2. The defendant waives the rights set out in Paragraph 1(b)-(g) above. The defendant also waives the right to appeal the imposition of sentence against him, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. Pursuant to Rule 7(b), Fed. X. Xxxx. X., the defendant will waive indictment and plead guilty pursuant to Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information, to be filed in the United States District Court for the Northern District of Texas. The Information will charge the defendant with participating in a conspiracy to suppress and eliminate competition by fixing the price and allocating customers for, and the volume of choline chloride sold in the United States and elsewhere, beginning at least as early as January 1988 and continuing until at least September 29, 1998, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 2. SGL AG waives the rights set out in Paragraph 1(b)-(f) above. SGL AG also waives the right to appeal the imposition of the sentence against it, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. Pursuant to Rule 7(b), Fed. X. Xxxx. P., SGL AG will waive indictment and plead guilty pursuant to Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information, to be filed in the United States District Court for the Eastern District of Pennsylvania. The Information will charge SGL AG with participating in a conspiracy to suppress and eliminate competition by fixing the price and allocating the volume of graphite electrodes sold in the United States and elsewhere, beginning at least as early as July 1992 and continuing until at least June 1997, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 11. SDC has informed the United States that it will waive the rights set out in Paragraph 10(b)-(h) above. Pursuant to Rule 7(b), Fed. X. Xxxx. P., SDC will waive indictment and plead guilty to a one-count Information, to be filed in the United States District Court for the Eastern District of Pennsylvania. The Information will charge SDC with participating in a conspiracy to suppress and eliminate competition by fixing the price of graphite electrodes in the United States and elsewhere, from in or about 1993 until approximately January 1997, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 2. Xxxxxxx Xxxxxxxx AG waives the rights set out in Paragraph 1(b)-(f) above. Xxxxxxx Xxxxxxxx AG also waives the right to appeal the imposition of the sentence against it, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. Pursuant to Fed. X. Xxxx. P. 7(b), Xxxxxxx Xxxxxxxx AG will waive indictment and plead guilty under Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information to be filed in the United States District Court for the Northern District of Alabama. The Information will charge Xxxxxxx Xxxxxxxx AG with participating in a conspiracy to suppress and eliminate competition by rigging the bids on certain United States-funded wastewater construction projects in the Arab Republic of Egypt, beginning at least as early as June 1988 and continuing at least through January 18, 1995, in violation of 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 2. Tokai Carbon waives the rights set out in Paragraph 1(b)-(f) above. Tokai Carbon also waives the right to appeal the imposition of the sentence against it, so long as the sentence imposed is consistent with the recommendation in Paragraph 8 of this Plea Agreement. Pursuant to Rule 7(b), Fed. X. Xxxx. P., Tokai Carbon will waive indictment and plead guilty pursuant to Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information, to be filed in the United States District Court for the Eastern District of Pennsylvania. The Information will charge Tokai Carbon with participating in a conspiracy to suppress and eliminate competition by fixing the price and allocating the volume of graphite electrodes sold in the United States and elsewhere, beginning at least as early as July 1992 and continuing until at least June 1997, in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1.
AND WAIVE CERTAIN RIGHTS. 2. The defendant knowingly and voluntarily waives the rights set out in Paragraph 1(b)-(g) above. The defendant also knowingly and voluntarily waives the right to file any appeal, any collateral attack, or any other writ or motion, including but not limited to an appeal under] 8 U.S.C. 9 3742, that challenges the sentence imposeJ by the Court if that sentence is consistent with or'below the recommended sentence in Paragraph 9 of this Plea Agreement, regardless afhow the sentence is detennined by the Court. This agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.c. 9 3742(b) or (e). N<:>thingin this paragraph. however. wiJl act as a bar to the defendant perfecting any legal remedies it may othelwise have on appeal or collateral attack respecting claims of ineffective assistance of counselor prosecutorial misconduct. The defendant agrees that there is currently no known evidence of ineffective assistance of counselor prosecutorial misconduct Pursuant to Fed. X. Xxxx. P. 7(b), the defendant will waive indictment and plead guilty to a one-count Information to be filed in the United States District Court for the District of Maryland. The InformationwilJ charge the defendant with participating in a combination and conspiracy, with Its participation starting from at least as early as January 2000 and continuing until at least September 20]2, to suppress and eliminate competition by allocating customers and routes, rigging bids, and fixing prices for intenHitionai ocean shipping services for rol1"on,roll-off cargo, such as cars and trucks, to and frOI11 tbe Utlite<JStates and elsewhere, in violation oftlie Xxxxxxx Antitrust Act, ] 5 U.S.c. S 1.
AND WAIVE CERTAIN RIGHTS. 2. Anchor waives the rights set out in Paragraph 1(b)-(g) above. Pursuant to Rule 7(b), Fed. X. Xxxx. P., Xxxxxx will waive indictment and plead guilty pursuant to Fed. X. Xxxx. P. 11(e)(1)(C) to a one-count Information, to be filed in the United States District Court for the Eastern District of Pennsylvania. The Information will charge the defendant with participating in a conspiracy to suppress and eliminate competition by fixing the price of carbon cathode block, as defined in the Information, that was sold in the United States and elsewhere, beginning at least as early as February 1996 and continuing until at least December 1997 in violation of the Xxxxxxx Antitrust Act, 15 U.S.C. § 1.
