8On 9 August 1999 CVK and its member undertakings concluded the pooling agreement referred to in paragraph 6 above. CVK's articles were amended on the same date to take account of the provisions of the pooling agreement (these two transactions are designated below as constituting ‘the first group of transactions’). Also on the same date, RAG transferred its shares in three of the member undertakings of CVK (Anker, Vogelenzang and Van Herwaarden) to Haniel and the applicant (‘the RAG transaction’), and Haniel and the applicant concluded a cooperation agreement governing their cooperation within CVK (these two transactions, taken together, are designated below as ‘the second group of transactions’).
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