CCX CARVÃO DA COLÔMBIA S.A. Rio de Janeiro, April 7th, 2015- CCX CARVÃO DA COLOMBIA S.A. ("CCX" or the "Company") (BM&FBovespa: CCXC3), in compliance with article 157, paragraph
4, of Law No. 6.404/76, and with the Securities Exchange Commission ("CVM" ) Rule
No. 358/02, hereby informs its shareholders and the market that:
1. As previously informed by means of the Material Fact of March 23, 2015, on March 18, 2015, YCCX Colombia S.A.S. ("YCCX") (entity controlled by Yildirim Holding, Inc.) (" Yildi rim" ) filed an application before the International Chamber of Commerce (" IC C " ) against CCX Colombia S.A. ("CCXColombia"), a subsidiary of the Company, requesting the adoption of emergency measures by the ICC in connection with the Asset Purchase Agreement ("APA") executed on March 26, 2014, between CCX Colombia and YCCX. The APA concerns the sale and purchase of some of CCX Colombia's mining assets, related to the open pit mining projects Cañaverales and Papayal and the underground mining project of San Juan. Basically, YCCX requested that an Emergency Arbitrator appointed by the ICC issue an order preventing CCX Colombia from negotiating with other potential buyers the sale of CCX Colombia's assets covered by the APA or the sale of the shares issued by CCX Colombia ("Application for Emergency Measu res" ). The Company learned about the existence of such Application for Emergency Measures only at the end of the day of March 20, 2015.
2. CCX Colombia has received, after the close of business on April 6, 2015, the order issued by the Emergency Arbitrator appointed by the ICC ("Order") in response to the application filed by YCCX and, during the day of April 7, 2015 has diligently examined and discussed the content of such Order, as well as its effects on the Company and its subsidiaries, with its advisors in Brazil, in Colombia and also with the professionals involved on such international arbitration procedure.
3. According to the Order, the Emergency Arbitrator denied YCCX's request to prevent CCX Colombia from "taking any other steps in furtherance of a transaction (other than with YCCX) involving the disposition, directly or
indirectly, of the shares of CCX Colombia". This means that CCX Colombia and its controlling entities are not prevented from participating in the sale of the shares issued by CCX Colombia (and/or the shares issued by any of its controlling entities) to any third party.
4. Additionally, the Order established that while the arbitration is pending, CCX Colombia is prevented from "taking any other steps in furtherance of a transaction (other than with YCCX) involving the disposition, directly or indirectly, of the [Assets]" covered by the APA to a party other than YCCX.
5. Nevertheless, it is important to clarify that, up to this moment, the Company has not adopted any action with respect to the unsolicited offer contained in the correspondence sent by the Blackstone Advisory Partners, acting as financial advisor of a group of sovereign wealth funds and relevant foreign investors organized in syndicated capital regime (i.e., standing capital for large sponsored direct investments), containing an unsolicited offer for the shares of CCX Colombia (but not for its assets) (Non-Binding Unsolicited Offer) ("UnsolicitedOffer"), as disclosed on the Material Fact of March 12th, 2015. Additionally, the analysis of the Unsolicited Offer by the Board of Directors of the Company is still pending and no final decision of the Company's Board of Directors about the Unsolicited Offer has been made.
6. The Company's shareholders and the market will be immediately informed of any further steps considered or to be adopted by the Company.
7. The Company's management will continue to strictly comply with the law and to use its best efforts to advance the Company's social interest and the plurality of its shareholder's interests.
Gunnar Gonzalez Pimentel
Chief Executive Officer and Investor Relations Director
RI CCX:
Email: ri.ccx@ccx.com.br
Website: www.ccx.com.co/ri
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