Competition Citation, commencement and extent 1 1 This Order may be cited as the Public Interest Merger Reference (Cobham Ultra Acquisitions Ltd. and Ultra Electronics Holdings plc) (Pre-emptive Action) Order 2021 and comes into force at 4.30 p.m. on 18th August 2021. 2 This Order extends to England and Wales, Scotland and Northern Ireland. Interpretation 2 1 In this Order— “the Act” means the Enterprise Act 2002; “armed forces” means any of the naval, military or air forces of the Crown; “Cobham” means Cobham Ultra Acquisitions Limited, a company incorporated in England and Wales (registered number 13552764); “Minister of the Crown” has the same meaning as in section 8(1) of the Ministers of the Crown Act 1975 ; “UK Government” means a Minister of the Crown or a department of the Government of the United Kingdom; “Ultra” means Ultra Electronics Holdings plc, a company incorporated in England and Wales (registered number 02830397); “working day” means any day which is not— a Saturday, a Sunday, Good Friday or Christmas Day, or a day which is a bank holiday in England and Wales. 2 For the purposes of this Order, one person (A) is an “affiliate” of another person (B), if— a any enterprise that A carries on from time to time and any enterprise that B carries on from time to time would be regarded as being under common control for the purposes of section 26 of the Act (enterprises ceasing to be distinct enterprises), or b A and B are interconnected bodies corporate . Interim provision 3 1 No information referred to in paragraph (2) may be disclosed or transferred, directly or indirectly and whether from inside or outside the United Kingdom, by Ultra (or any of its employees, directors, agents or affiliates) to Cobham (or any of its employees, directors, agents or affiliates). 2 The information referred to in this paragraph is information relating to— a any goods or services provided by Ultra (or any of its affiliates) to the UK Government or the armed forces, b the provision of any of the goods or services referred to in sub-paragraph (a), c any goods or services provided by Ultra (or any of its affiliates) to persons other than the UK Government or the armed forces, if the goods or services have been or are used in goods or services provided by any person to the UK Government or the armed forces, or d the provision of any of the goods or services referred to in sub-paragraph (c), whether or not provided by Ultra or its affiliates. Compliance 4 1 Within the period of 10 working days beginning with the date on which this Order comes into force and, subsequently, at intervals of not more than 10 working days, Ultra must give the Secretary of State a compliance statement. 2 A compliance statement is a statement in writing confirming that Ultra— a is in compliance with the requirements of this Order, and b has at all times since the coming into force of this Order been in compliance with those requirements. 3 A compliance statement must be signed by the chief executive, a director, or senior manager of Ultra. 4 In paragraph (3), “senior manager” means a person who plays a significant role in— a the making of decisions about how the whole or a substantial part of Ultra’s activities are to be managed or organised, or b the actual managing or organising of the whole or a substantial part of those activities. Contravention 5 If Cobham or Ultra has any reason to suspect that this Order might have been contravened it must immediately notify the Secretary of State in writing. Directions 6 1 The Secretary of State may give directions in writing falling within paragraph (2) to— a a person specified in the directions; or b the holder for the time being of an office so specified in any body of persons corporate or unincorporate. 2 Directions fall within this paragraph if they are directions— a to take such action as may be specified or described in the directions for the purpose of carrying out, or ensuring compliance with, this Order; or b to do or refrain from doing, anything so specified or described which the person might be required by this Order to do or refrain from doing. 3 The Secretary of State may vary or revoke any directions given under this article. Derogations 7 For the purposes of paragraph 2(2C) of Schedule 7 to the Act , the Secretary of State is not to be treated as having consented to the taking of action or action of a particular description which would otherwise constitute a contravention of this Order unless the consent is in writing. Kwasi Kwarteng Secretary of State for Business, Energy and Industrial Strategy Department for Business, Energy and Industrial Strategy At 10.35 a.m. on 18th August 2021