NOTICE REGARDING EXTENSION OF TIME TO COMPLETE DIVESTITURE
Pursuant to Section IV(B) of the proposed Final Judgment filed in this matter,(1) the United States hereby notifies the Court that the defendants have requested, and the United States has agreed to, a thirty-day extension of time to complete their divestiture of Pechiney's Brazing Sheet Business, as defined in Section II(E) of the proposed Judgment. With this extension, the defendants shall submit to the United States, pursuant to Section VI(A) of the proposed Final Judgment, a definitive divestiture agreement for the sale of Pechiney's Brazing Sheet Business within 35 days after notice of the Court's entry of the proposed Judgment. The United States reserves its right to review and approve any definitive divestiture agreement and any acquirer of Pechiney's Brazing Sheet Business under applicable provisions of the proposed Judgment.
Dated: March 31, 2004.
I, Anthony E. Harris, hereby certify that on March 31, 2004, I caused copies of the foregoing Notice Regarding Extension of Time to Complete Divestiture by sending them first-class, postage prepaid, to duly authorized legal representatives of those parties, as follows:
Counsel for Defendants Alcan Inc., Alcan Aluminum Corp.,
D. Stuart Meiklejohn, Esquire
Peter B. Gronville, Esquire
1. Section IV(B) of the proposed Final Judgment provides:
Defendants are ordered and directed, within one hundred twenty (120) calendar days after the date that Alcan's tender offer for Pechiney ends, or five (5) days after notice of the entry of this Final Judgment by the Court, whichever is later, to divest Pechiney's Brazing Sheet Business in a manner consistent with this Final Judgment to an Acquirer acceptable to the United States in its sole discretion. The United States, in its sole discretion, may agree to one or more extensions of this time period, not to exceed in total sixty (60) calendar days, and shall notify the Court in each such circumstance. Defendants agree to use their best efforts to divest Pechiney's Brazing Sheet Business as expeditiously as possible.