UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_____________________
FORM 6-K
Report of Foreign Private Issuer Pursuant to Rule 13a-16 or
15d-16 of the Securities Exchange Act of 1934
For the month of November 2019
Commission File Number: 1-15256
_____________________
OI S.A. – In Judicial Reorganization
(Exact Name as Specified in its Charter)
N/A
(Translation of registrant’s name into English)
Rua Humberto de Campos, No. 425, 8th floor – Leblon
22430-190 Rio de Janeiro, RJ
Federative Republic of Brazil
(Address of principal executive offices)
(Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.)
Form 20-F: ý Form 40-F: o
(Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1)):
Yes: o No: ý
(Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7)):
Yes: o No: ý
(Indicate by check mark whether the registrant by furnishing the information contained in this Form, the Registrant is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.)
Yes: o No: ý
If “Yes” is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b):
Oi S.A. – In Judicial Reorganization
Corporate Taxpayers’ Registry (CNPJ/MF) No. 76.535.764/0001-43
Board of Trade (NIRE) No. 33.300.29520-8
Publicly-Held Company
NOTICE TO THE MARKET
Oi S.A. – In Judicial Reorganization, pursuant to Article 12 of CVM Instruction No. 358/02, announces that it has received, on this date, correspondence from York Capital Management Global Advisors, LLC (“York”), with the following information:
“TO
OI S.A. – Em Recuperação Judicial
CNPJ: 76.535.764/0001-43
R DO LAVRADIO, 71, 2º ANDAR, CENTRO, CEP 20.230-070, Rio de Janeiro, RJ
(21) 3131-3589 / (21) 3131-3100
invest@oi.net.br
Carlos Augusto Machado Pereira de Almeida Brandão
Rua Humberto de Campos, 425, 8º andar, Leblon, Rio de Janeiro – RJ, Brasil 22430-190
From
York Capital Management Global Advisors, LLC (“York”)
767 Fifth Ave, 17th floor, New York, United States
Dear Sirs,
For the purposes of the article 12 of Instruction of Brazilian Securities Exchange Comission 358/02 and in connection with the disclosure letter sent to you on February 5th 2019 concerning York Global Finance Fund LP, CNPJ 30.015.207/0001-09, (“YGFF”) we hereby inform you that:
1- YGFF currently owns 346,706,830 common shares, nominative and with no par value, represented by 69,341,366 ADS certificates. This represents 5,82% percent of the total outstanding shares of Oi S.A.
2- The overall long position of all funds managed by York in Oi S.A. shares is currently 568,300,070 common shares, nominative and with no par value, represented by 113,660,014 ADS certificates. This represents 9,54% percent of the total outstanding shares of Oi S.A.
3- No other fund owns individually 5% or more of Oi S.A.´s shares.
4- We inform you that: we hold our investment in Oi S.A. as part of our financial asset´s portfolio management. Our investment does not intend to change the composition of the control or the management structure of the Company.
5- Our legal representative in Brazil for purposes of article 119 of Law 6,404/76 is Marcelo Lamego Carpenter, registered at Rio de Janeiro Section of Brazilian Bar Association (OAB/RJ 92.518), from the law office Sérgio Bermudes Advogados, with offices at Praça XV de Novembro, n.20, 8th floor, Rio de Janeiro, RJ.
To the best of our knowledge, we disclosed all information required under instruction CVM 358/02.
Best Regards,
York Capital Management Global Advisors, LLC
P/P Marcelo Lamego Carpenter.”
Rio de Janeiro, November 28, 2019.
Oi S.A. – In Judicial Reorganization
Camille Loyo Faria
Chief Financial Officer and Investor Relations Officer
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
Date: November 28, 2019
OI S.A. – In Judicial Reorganization
By: /s/ Marcelo Augusto Salgado Ferreira
Name: Marcelo Augusto Salgado Ferreira
Title: Investor Relations Officer