Material Fact – Signing of the Fifth Amendment of Eco101
ECORODOVIAS INFRAESTRUTURA E LOGÍSTICA S.A. (“EcoRodovias” or “Company”), its direct subsidiary ECORODOVIAS CONCESSÕES E SERVIÇOS S.A. and its indirect subsidiary ECO101 CONCESSIONÁRIA DE RODOVIAS S.A. (“Eco101”), in connection with the Material Fact notices disclosed on July 15, 2022, June 1, 2023, August 30, 2023, November 10, 2023 and February 27, 2024, in compliance with paragraph 4 of article 157 of Federal Law 6,404/76, as amended, and Resolution 44/21 issued by the Securities and Exchange Commission of Brazil, hereby inform that, on June 24, 2024, Eco101 and the Federal Government, through the National Ground Transportation Agency (ANTT), signed the Fifth Amendment (“Amendment”) to the Concession Agreement (“Concession Agreement”).
The Amendment extends by 180 days the suspension of the effects of the Third Amendment, which established the conditions for the provision of services and the responsibilities of the parties during the re-bidding process for BR-101/ES/BA, in accordance with Federal Law 13,448/2017 and Decree 11,539 of May 31, 2023, which qualified the project for the re-bidding process.
The extension arises from the need to conclude the consensual solution that is subject matter of the proceeding No. 033.444/2023-4 – SECEX/Consenso, currently being discussed by the Federal Accounting Court (TCU). If this alternative is feasible, with the formalization of the solution by the TCU, the Third Amendment will be canceled and a new amendment for optimizing and adjusting the Concession Agreement will be signed. Otherwise, the re-bidding process provided for in the Amendment will be followed. Any economic and financial effects arising from the re-bidding process will be recognized in the financial statements at the start of term of the Amendment.
Eco101 will continue to operate the concession stretch in order to safeguard the interest and safety of users of the BR-101/ES/BA Highway.
The Company will keep the society and the market informed of any update related to this topic and reiterates its commitment to the continuous and safe provision of essential services to users.
São Paulo, June 25, 2024.
Marcello Guidotti
CEO and Investor Relations Officer
EcoRodovias Infraestrutura e Logística S.A.
55 (11) 3787-2612/2674/2686
invest@ecorodovias.com.br
http://www.ecorodovias.com.br/ri
Hugo Rafael Mitz
Investor Relations Officer
EcoRodovias Concessões e Serviços S.A.
Roberto Amorim Junior
Investor Relations Officer
ECO101 Concessionária de Rodovias S.A.