Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes _______ No ___X____
CPFL ENERGIA S.A. | CMS ENERGY BRASIL S.A. | |
Publicly-held Company | Publicly-held Company | |
Corporate Taxpayers ID (CNPJ/MF): | Corporate Taxpayers ID (CNPJ/MF): | |
02.429.144/0001-93 | 02.150.569/0001-69 | |
Corporate Registry (NIRE): 35.300.186.133 | Corporate Registry (NIRE): 35.300.331.117 |
MATERIAL FACT
Pursuant to Paragraph 4 of Article 157 of Law 6,404/76 and Instruction 358/02 of the Brazilian Securities and Exchange Commission (CVM), CPFL Energia S.A. (CPFL Energia) and CMS Energy Brasil S.A. (CMS Brasil) hereby inform their shareholders and the market that, as resolved by CPFL Energias Board of Directors Meeting held on August 29, 2007 and by the Extraordinary Shareholders Meeting of CMS Brasil held on this date, a request to be exempted from conducting a tender offer with a view to CMS Brasils deregistering as a publicly-held company will be submitted to the CVMs analysis, pursuant to Article 34 of CVM Instruction 361/02, since there are no securities issued by CMS Brasil outstanding in the market.
São Paulo, September 20, 2007.
José Antonio de Almeida Filippo
Investor Relations Officer
CPFL ENERGIA S.A. CMS ENERGY BRASIL S.A.
CPFL ENERGIA S.A.
| ||
|
By: | /S/
JOSÉ ANTONIO DE ALMEIDA FILIPPO
|
Name: Title: |
José Antonio de Almeida Filippo
Chief Financial Officer and Head of Investor Relations
|
This press release may contain forward-looking statements. These statements are statements that are not historical facts, and are based on management's current view and estimates of future economic circumstances, industry conditions, company performance and financial results. The words "anticipates", "believes", "estimates", "expects", "plans" and similar expressions, as they relate to the company, are intended to identify forward-looking statements. Statements regarding the declaration or payment of dividends, the implementation of principal operating and financing strategies and capital expenditure plans, the direction of future operations and the factors or trends affecting financial condition, liquidity or results of operations are examples of forward-looking statements. Such statements reflect the current views of management and are subject to a number of risks and uncertainties. There is no guarantee that the expected events, trends or results will actually occur. The statements are based on many assumptions and factors, including general economic and market conditions, industry conditions, and operating factors. Any changes in such assumptions or factors could cause actual results to differ materially from current expectations.