Perdigao S.A. Announcement of a Material Fact
12 April 2008 - 1:15AM
PR Newswire (US)
SAO PAULO, Brazil, April 11 /PRNewswire-FirstCall/ -- Pursuant to
the terms of CVM Instruction 319/99 and CVM Instruction 358/02,
both as amended, the managements of Perdigao S.A. ("Perdigao") and
Eleva Alimentos S.A. ("Eleva") wish to notify the public at large
that the Board of Directors of the Company and Eleva, in meetings
held on April 11 2008, have approved the proposal for the merger of
Eleva with Perdigao ("Merger"), to be submitted for approval by the
Extraordinary General Meeting of Perdigao and Eleva, convened for
April 30 2008 ("EGM"), pursuant to the terms below. 1. Purposes of
the Operation, Goodwill and Costs 1.1. Perdigao holds the totality
of shares representing the capital stock of Eleva. 1.2. The Merger
is part of a process of a corporate reorganization with the purpose
of simplifying the corporate structure of Perdigao and shall
represent gains in synergies for the Company through the
consolidation of the activities of Perdigao and Eleva in the
former, with the consequent reduction in operating and financial
costs and the rationalization of the activities of Perdigao and
Eleva. This process of corporate reorganization shall result in
future merger operations of other subsidiaries companies by
Perdigao. 1.3. The goodwill originally recorded in the books of
Perdigao in the nominal amount of R$1,345,127,894.03 (one billion,
three hundred and forty-five million, one hundred and twenty-seven
thousand, eight hundred and ninety-four Reais and three cents),
arising from the acquisition of 100% of the shares issued by Eleva
is based on forecasted results in future fiscal years. As a result
of the Merger, the goodwill shall be amortized for tax purposes, by
the Company, pursuant to the terms of the tax legislation in
effect, over a 10-year period, and expected to generate a fiscal
benefit of approximately R$457,343,483.97 (four hundred and
fifty-seven million, three hundred and forty-three thousand, four
hundred and eighty-three Reais and ninety-seven centavos) (or 34%
of the value originally recorded) for accounting purposes the
goodwill shall be fully recognized in the fiscal year 2008 as a
non-recurring result under the item 'Other Operating Income
(Expenses)'and the value of the tax benefit shall be recognized in
the item 'Income Tax (IRPJ) and Social Contribution Net Income
(CSLL)'. 1.4. There shall be no change in the shareholders of
Perdigao's voting rights, dividend payments and property rights as
compared with the policy and property advantages of the shares of
Perdigao's shareholders prior to the Merger. 1.5. Perdigao and
Eleva estimate that the total cost with respect to the Merger shall
be R$425.000,00 (four hundred and twenty-five thousand Reais),
including expenses with publications, preparation of a valuation
report, and fees of the auditors, appraisers and lawyers. 2.
Criteria for Valuation of Shareholders Equity, Treatment of
Subsequent Equity Variations, Substitution Relationship, Right to
Withdraw and Solution as to the Shares of the Capital of a
Corporation Held by Another 2.1. The Merger shall be conducted on
the basis of the net book value of the assets of Eleva, recorded in
the book valuation report, based on the balance sheet of Eleva as
at December 31 2007 audited by Deloitte Touche Tohmatsu Auditores
Independentes. The baseline date for the valuation shall be
December 31 2007 ("Baseline Date"), the book valuation report
result being a net asset value of Eleva at the Baseline Date of the
Merger, of R$489,356,392.86, (four hundred and eighty-nine million,
three hundred and fifty-six thousand, three hundred and ninety-two
Reais eighty-six centavos). The equity variations occurring between
the Baseline Date and the date that the EGM is held shall be
absorbed by Eleva, pursuant to the "Protocol and Justification for
the Merger of Eleva Alimentos S.A. with Perdigao S.A." signed on
April 11 2008 ("Protocol and Justification"). 2.2. The Board of
Directors of Perdigao has approved, ad referendum of the EGM, the
engagement of Deloitte Touche Tohmatsu Auditores Independentes,
with registered offices at Avenida Carlos Gomes, 403, Porto Alegre,
enrolled in the corporate taxpayers' register (CNPJ/MF) under
number 49.928.567/0010-02 and the Regional Accounting Council under
number 2SP011.609/0-8/F/RS, for the preparation of the book
valuation report of Eleva. Deloitte Touche Tohmatsu Auditores
Independentes declares that it has no relationship which might
create a conflict of interests or communion of interests, either
actual or potential, with the controlling shareholders of the
Company or Eleva, or, furthermore, with respect to the Merger
itself. 2.3. Since 100% of the shares representing the capital
stock of Eleva are held by Perdigao, there shall be no modification
in the shareholders' equity of Perdigao, a requirement of the
substitution relationship that could be the subject of comparison
and/or right to withdraw. For this reason there is no justification
for the preparation of valuation reports based on the value of the
shareholders' equity of Eleva and Perdigao at market prices,
pursuant to Article 264 of the Corporation Act. 2.4. With the
Merger, Eleva shall be extinguished and its shares dully canceled,
pursuant to Article 226 of the Corporation Act, without any shares,
the issuance of Perdigao, being attributed in substitution of
partners rights. 3. Other Information 3.1. The Protocol and
Justification and the audited financial statements that serve as a
basis for the calculation of the shareholders' equity of Eleva on
the Baseline Date of the Merger, as well as other documents that
relate to Article 3 of CVM Instruction 319 of December 3 1999,
shall be made available to the shareholders of Perdigao and Eleva
at the following addresses and websites: (i) at Perdigao, at
Avenida Escola Politecnica, 760, in the city and state of Sao
Paulo, or by accessing the website http://www.perdigao.com.br/ri,
(ii) at the CVM, by accessing the website http://www.cvm.gov.br/,
and (iv) at BOVESPA by accessing http://www.bovespa.com.br/. Sao
Paulo, April 11 2008 Wang Wei Chang Perdigao S.A. / Eleva Alimentos
S.A. Chief Financial Officer and Investor Relations Director
DATASOURCE: Perdigao S.A. Contact: Suzana Michelin Ramos, Perdigao
S.A., +55-11-3718-5301 Web site: http://www.perdigao.com.br/ri
http://www.cvm.gov.br/ http://www.bovespa.com.br/
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