CADE. If necessary, the Shareholders agree to jointly submit the Investment included in this Agreement to CADE for approval, within 30 (thirty) days from the date this instrument is signed under a fast-track regime, or to initiate a pre-notification and approval process under a common approval regime. This period may be extended if agreed in good faith between the Parties, and a new deadline shall be determined to complete the notification or pre-notification process, as applicable. The submission process will be jointly conducted by the legal advisors appointed by the Shareholders.
CADE. There is no pending Claim involving antitrust matters in name of the Company, including, but not limited to, inspections, proceeding, obligations, liabilities and investigation before CADE. The Company have not practiced any anti-competitive behavior that could be challenged by any Person or object of any Claim and have not incurred in any conduct that could be considered as a cartel by antitrust authorities.
CADE. For the purposes of article 88 of Law No. 12,529, dated November 30, 2011 (“Brazilian Antitrust Law”) and of the Ordinance No. 994, dated May 30, 2012, the Buyer declares and represent that (i) has knowledge of the Brazilian Antitrust Law and other applicable regulations; (ii) Buyer and its respective economic group, as defined in the Administrative Council for Economic Defense (“CADE”)’s Resolution No. 33, dated April 14, 2022, have not registered annual gross revenues or volume of business in Brazil equal to or greater than seven hundred and fifty million Brazilian Reais (BRL 750,000,000.00) in the fiscal year ended in December 31, 2022; and (iii) after careful consideration, the Agreement and the Transaction contemplated herein are not subject to mandatory notification to CADE on this date, as the turnover thresholds set forth in the Brazilian Antitrust Law are neither met by the Company nor by the Buyer (and its economic group).
