Oliver Schmidt, the former head of Volkswagen’s U.S. regulatory compliance office during its emissions scandal, apparently has until Dec. 6 to decide if he is going to cooperate with federal prosecutors in their investigation.

The plea deal that Schmidt made with the U.S. Department of Justice on Aug. 4 said if Schmidt agrees to enter a cooperation agreement before his Dec. 6 sentencing date, nothing in the plea deal can supersede the new agreement.