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Redcare Pharmacy N.V.

Pre-Annual General Meeting Information Apr 25, 2018

6219_ip_2018-04-25_9c7f3adf-a83b-4d9d-bb04-eceae95f8a85.pdf

Pre-Annual General Meeting Information

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SHOP APOTHEKE EUROPE N.V. ANNUAL GENERAL MEETING.

VENLO, 26 APRIL 2018

DISCLAIMER. 2

THIS PRESENTATION AND ITS CONTENTS ARE NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, IN THE UNITED STATES, AUSTRALIA, CANADA OR JAPAN.

IMPORTANT NOTICE

The information contained in this Presentation has been provided by Shop Apotheke Europe N.V. (the "Company" and, together with its shareholders, subsidiaries and associated companies, the "Group") and has not been verified independently. Unless otherwise stated, the Company is the source of the information contained herein. For the purposes of this notice, the Presentation includes this document, its contents or any part of it and any related video or oral presentation, any question or answer session and any written or oral material discussed or distributed during the presentation meeting.

Presentations are by their nature abbreviated information and cannot substitute for narrative information. In addition, the information herein is preliminary and is not comprehensive. Consistent with its purpose, this Presentation does not include all information that is material to evaluate the strengths and weaknesses as well as risks and opportunities of the Company.

This Presentation does not constitute or form part of, and should not be construed as an offer or invitation or recommendation to, purchase or sell or subscribe for, or as any solicitation of any offer to purchase or subscribe for, any securities of the Company, in any jurisdiction. Neither this Presentation, nor any part thereof nor anything contained or referred to therein, nor the fact of its distribution, should form the basis of or be relied on in connection with, or serve as an inducement in relation to, a decision to purchase or subscribe for or enter into any contract or make any other commitment whatsoever in relation to any such securities.

No reliance may be placed for any purpose whatsoever on the information or opinions contained in the Presentation or on its completeness, accuracy or fairness. Neither the Company, the remainder of its Group nor its shareholders, any of their respective affiliates, directors, officers, employees, advisers or agents accepts any responsibility or liability whatsoever for or makes any representation or warranty, express or implied, as to the accuracy, completeness or fairness of the information or opinions in the Presentation (or whether any information has been omitted from the Presentation) or any other information relating to the Group, whether written, oral or in a visual or electronic form, and howsoever transmitted or made available or for any loss howsoever arising from any use of the Presentation or its contents or otherwise arising in connection therewith. In particular, no representation or warranty is given as to the likelihood of achievement or reasonableness of, and no reliance should be placed on, any projections, targets, ambitions, estimates or forecasts contained in this Presentation, and nothing in this Presentation is or should be relied on as a promise or representation as to the future. No statement in this Presentation is intended as a profit forecast or a profit estimate and no statement in this Presentation or any related materials should be interpreted to mean that earnings per share for the future or current financial periods would necessarily match or exceed historical published earning per share.

This Presentation contains forward-looking statements based on the currently held beliefs and assumptions of the management of the Company, which are expressed in good faith and, in their opinion, are reasonable. Forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause the actual results, financial condition, performance, or achievements of the Company, or industry results, to differ materially from the results, financial condition, performance or achievements expressed or implied by such forward-looking statements. Many of these risks and uncertainties relate to factors that are beyond the Company's ability to control or estimate precisely, such as future market conditions, currency fluctuations, the behavior of other market participants, the actions of regulators and other factors such as the Company's ability to continue to obtain financing to meet its liquidity needs, changes in the political, social and regulatory framework in which the Group operates or in economic or technological trends or conditions. Given these risks, uncertainties and other factors, recipients of this document are cautioned not to place undue reliance on these forward-looking statements. It is up to the recipient of the Presentation to make its own assessment as to the validity of such forward-looking statements and assumptions.

All information in this Presentation is current at the time of publication but may be subject to change in the future. The Company disclaims any obligation to update or revise any statements, in particular forward-looking statements, to reflect future events or developments.

To the extent available, the industry and market data contained in the Presentation has come from official or third party sources. Third party industry publications, studies and surveys generally state that the data contained therein have been obtained from sources believed to be reliable, but that there is no guarantee of the accuracy or completeness of such data. While the Company reasonably believes that each of these publications, studies and surveys has been prepared by a reputable source, the data contained therein has not been independently verified by the Company or anyone else. In addition, certain of the industry and market data contained in the Presentation come from the Company's own internal research and estimates based on the knowledge and experience of the Company's management in the market in which the Company operates. While the Company believes that such research and estimates are reasonable and reliable, they, and their underlying methodology and assumptions, have not been verified by any independent source for accuracy or completeness and are subject to change. Accordingly, undue reliance should not be placed on any of the industry or market data contained in the Presentation.

Statements contained in this Presentation regarding past events or performance should not be taken as a guarantee of future events or performance.

Recipients of this Presentation should not treat the contents of this Presentation as advice relating to legal, taxation or investment matters, and must make their own assessments concerning such matters and other consequences of a potential investment in the Company and its securities, including the merits of investing and related risks. Any prospective purchaser of the Securities is recommended to seek its own independent financial advice.

In receiving or otherwise accessing this Presentation, you will be deemed to have represented, agreed and undertaken (i) that you are permitted, in accordance with all applicable laws, to receive such information, (ii) that you are solely responsible for your own assessment of the business and financial position of the Company and that you will conduct your own analysis and be solely responsible for forming your own view of the potential future performance of the Company and (iii) that you have read and agree to comply with the contents of this notice.

This Presentation has been presented to you solely for your information and must not be copied, reproduced, distributed or passed (in whole or in part) to any other person at any time.

The distribution of the Presentation in certain jurisdictions may be restricted and accordingly it is the responsibility of any person into whose possession the Presentation falls to inform themselves about and observe any restrictions. The Presentation is only addressed to and directed at persons: (i) in member states of the European Economic Area ("EEA") who are qualified investors within the meaning of Article 2(1)(e) of the Prospectus Directive (Directive 2003/71/EC and amendments thereto, including Directive 2010/73/EU, to the extent implemented in the relevant member state of the EEA) ("Qualified Investors"); (ii) in the United Kingdom, at Qualified Investors who are persons who have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the "Order") or who are high net worth companies, unincorporated associations and other bodies who fall within article 49(2)(a) to (d) of the Order; or (iii) persons to whom it may otherwise be lawful to communicate it to (all such persons together being referred to as "Relevant Persons"). The Presentation is directed only at Relevant Persons and must not be acted on or relied on by persons who are not Relevant Persons.

Neither this Presentation nor any part or copy of it may be taken or transmitted into the United States of America ("United States") or distributed, directly or indirectly, in the United States. The securities of the Company have not been and will not be registered under the United States Securities Act of 1933, as amended (the "Securities Act") or the securities laws of any state in the United States and may not be offered or sold in the United States except in reliance on an applicable exemption from, or in a transaction not subject to, the registration requirements of the Securities Act.

This Presentation and the information contained therein, is not directed to, or intended for viewing, release, distribution, publication or use by (directly or indirectly, in whole or in part), any person or entity that is a citizen of, or resident or located in, the United States, Australia, Canada or Japan or any jurisdiction where applicable laws prohibit its viewing, release, distribution, publication or use.

TODAY'S AGENDA

    1. Opening
    1. Annual Report for the financial year 2017 (discussion item)
    1. Reservation and dividend policy (discussion item)
    1. Adoption of the annual accounts for the financial year 2017 (voting item)
    1. Proposal to allocate the results of the financial year 2017 (voting item)
    1. Adoption and implementation of the remuneration policy and ESOP (voting item)
    1. Discharge from liability of the members of the managing board (voting item)
    1. Discharge from liability of the members of the supervisory board (voting item)
    1. Re-appointment of BDO as external auditor for the financial year 2018 (voting item)
    1. Revocation of the current designation of the managing board as the corporate body authorized to issue shares and/or grant rights to acquire shares, and to restrict or exclude pre-emptive rights upon the issue of such shares and/or the granting of rights to acquire such shares (voting item)
    1. Designation of the managing board as the corporate body authorized to issue shares and/or grant rights to acquire shares, and to restrict or exclude pre-emptive rights upon the issue of such shares and/or the granting of rights to acquire such shares (voting item)
    1. Prolongation of the authorization of the managing board to acquire shares in the Company's own share capital (voting item)
    1. Questions and any other business
    1. Closing

1. OPENING.

COMPANY OVERVIEW. MICHAEL KÖHLER, CHIEF EXECUTIVE OFFICER

THE SHIFT FROM OFFLINE TO ONLINE. CONTINOUSLY BOOSTING OUR EUROPEAN GROWTH STORY.

Huge adressable medication market € 164bn … focus on continental Europe

…with a current online penetration close to zero!

Online Market Share*

* IMS PharmaScope, 2017, Sempora market study, 2017, Euromonitor (as of 03-Apr-2017), online penetration calculated by dividing the internet retailing market size across Europe by the total market size for each vertical, DE and US 2015, other European markets including France, Germany, Italy, Spain, United Kingdom, Switzerland, 2016

PENETRATING A HIGHLY FRAGMENTED MARKET WITH NO OFFLINE BRANDS.

No significant offline player… …and no online player with a multi country approach

FULLY ON TARGET: THE SEAMLESS INTEGRATION OF EUROPA APOTHEEK.

"THE AQUISITION OF EUROPA APOTHEEK IS THE UNIQUE OPPORTUNITY TO CREATE EUROPE'S LARGEST ONLINE PHARMACY..."

Theresa Holler, COO and Chief Pharmacist SHOP APOTHEKE EUROPE

"…WITH A COMPREHENSIVE OFFERING FOR THE WHOLE FAMILY."

SAE EHS

STRONG PUBLIC RESISTANCE AGAINST POTENTIAL RX BAN THAT WOULD CONFLICT WITH GERMAN AND EUROPEAN LAW.

• The Minister of Health was not appointed when the coalition agreement was signed

• The new German Minister of Health, Mr Spahn, is an advocate of digitalization in the health sector

Source: (1) Börsen-Zeitung, 13 March 2018, Article: SHOP APOTHEKE peilt 2018 Gewinnschwelle an; (2) Börse-Online, 15-21 February 2018, Article: Bittere Pille; (3) Frankfurter Rundschau, 15 February 2018, Article: Auf Druck der Apothekenlobby; (4) Bloomberg (as of 04 April 2018); (5) https://www.apotheke-adhoc.de//nachrichten/detail/markt/shop-apotheke-will-umsatz-verdoppeln/; FY2017 Annual Report

SUCCESSFUL CONVERTIBLE BOND PLACEMENT ON 12 APRIL 2018: EUR 75M FOR ACQUISITIONS IN OTC/BPC TO ACCELERATE GROWTH.

Source: (1) Company information

Note: (2) OTC: Prescription-free medication sold; Rx: Pharmaceuticals that require a prescription; BPC: Beauty and personal care products (3) Sales growing +44 % YoY, while market increased by 11.8 % according to the German E-Commerce Trade Association (bevh)

HIGHLY EXPERIENCED MANAGEMENT WITH A >25% STAKE AND A STRONG COMMITMENT TO PROFITABLE GROWTH.

Michael Köhler, CEO & Founder

20 years of experience in the pharmaceutical industry (Hoechst, Aventis)

Stephan Weber, CMO & Founder >15 years of pharmaceutical and online experience; led the business since 2001

Dr. Ulrich Wandel, CFO >20 years of experience in the pharmaceutical industry

Theresa Holler, COO >15 years of experience in leading mail-order pharmacies (incl. DocMorris)

Marc Fischer, CTO & Founder >20 years of experience in the IT industry (incl. Credit Suisse, Bechtle)

Entrepreneurial management team with ample industry experience and drive to capture market share.

OPERATIONAL DEVELOPMENT AND PROSPECTS. STEPHAN WEBER, CHIEF MARKETING OFFICER

ACTIVE CUSTOMER BASE INCREASED TO 2.7 MILLION.

  • Our customer base has increased by +50 % in 2017 versus 2016.
  • 2.7 million active customers as at 31 December 2017.

Source: SHOP APOTHEKE EUROPE.

*We define active customers as unique customers who are active in 12 months preceding a given period of time.

CONTINUED STRONG SITE VISIT GROWTH.

  • Web traffic confirms strong growth.
  • YoY, Site Visits grew by 71 % to 72m.
  • Mobile share keeps growing.
  • SHOP APOTHEKE EUROPE further increases its leadership as THE EUROPEAN ONLINE PHARMACY.

ATTRACTIVE BASKET SIZE SUPPORTS PROFITABILITY.

  • Orders increased by 45 % to 5.7 million in 2017.
  • Basket size increased to EUR 70 in Q4 driven by the Europa Apotheek business.
  • Return rates remain close to zero.
  • Increase in repeat orders to 82 % in Q4 despite strong international new customer growth.

SHOP APOTHEKE WELL-POSITIONED AND PREPARED TO GRASP THE HUGE MARKET OPPORTUNITY FOR ONLINE PHARMACIES. 18

Enormous OTC online market growth in Continental European markets(1)

OTC represents a huge addressable market with a still low online penetration compared to other industries(2) (in EURm)

Multiple paths to profitable growth

  • Huge projected market growth across all target markets
  • SHOP APOTHEKE views itself as best positioned to capture high growth rates in the OTC online market
  • As a market leader, SHOP APOTHEKE will benefit from increasing online penetration(3) as winner takes it all

Source: (1) Sempora market research 2017; (2) IMS PharmaScope, 2017, Sempora market study, Euromonitor, 2017, online penetration calculated by dividing the internet retailing market size across Europe by the total market size for each vertical, DE and US 2015, other European markets including France, Germany, Italy, Spain, United Kingdom, Switzerland, 2016; (3) ABDA, Sempora, Euromonitor, IMS health: avg. online penetration in Europe was 2.5% for Rx and 3.5% for OTC in 2016; The avg. online penetration rate is expected to grow to 6% by 2020 in continental Europe (excl. DE)

2. ANNUAL REPORT FOR FINANCIAL YEAR 2017 (DISCUSSION ITEM).

PRESENTATION OF THE FINANCIAL YEAR 2017. DR. ULRICH WANDEL, CHIEF FINANCIAL OFFICER

CONSOLIDATED KEY FINANCIALS 2017 SHOP APOTHEKE EUROPE.

  • Ambitious growth target 2017 was met.
  • Positive sales momentum continues in the new fiscal year 2018.

  • Gross Profit increased in line with revenues.

  • Group gross margin almost constant at 20.3 %.
  • International margin increased by 3.0 % to 21.4 %.

REVENUE GROWTH FURTHER ACCELERATED.

2017 profitable growth in core market Germany continued:

  • Revenues grew by 44 % compared to FY 2016.
  • Europa Apotheek contributed EUR 25 million to sales since its consolidation on 8 November 2017.
  • Gross margin at 19.8 % (2016: 20.4 %) due to higher share of prescription medications (Europa Apotheek).
  • Economies of scale and higher efficiency led to an above average increase in Segment EBITDA, resulting in a margin of 3.3 % (2016: 2.7 %).

International sales more than doubled:

  • Revenues rose by 143 % in 2017 to EUR 73.7 million.
  • Gross margin increased to 21.4 % (2016: 18.4 %).

VENLO OPERATIONS SERVE BOTH SHOP APOTHEKE AND EUROPA APOTHEEK.

SIGNIFICANT INVESTMENTS IN AUTOMATION 2017 TO INCREASE CAPACITY (CONTINUED IN 2018)

  • goods-in automation
  • automated high-bay rack
  • ongoing ERP development

SEGMENT EBITDA GERMANY INCREASED, FINANCING INTERNATIONAL MARKET EXPANSION.

Adjusted segment EBITDA in € m

  • Adjusted Segment EBITDA in Germany increased from EUR 4.0 million in FY 2016 to EUR 6.9 million in FY 2017.
  • International Segment EBITDA reflects new customer acquisition to gain leadership in all relevant European markets including the new markets Italy and Spain.

Source: SHOP APOTHEKE EUROPE.

*adjusted for one-time costs related to acqusitions

SHOP APOTHEKE EUROPE FINANCIAL PERFORMANCE: CASH FLOW.

  • Operating cash-flow includes building up of international inventory to support strong market growth as well as regular seasonal year-end effects. Inventories increase accounted for EUR -21.1 million.
  • While investments in property, plant and equipment as well as in intangible assets led to an outflow of EUR -9.6 million, a divestment of short-term securities amounting to EUR 7.5 million led to a cash inflow.
  • Cash flow from financing activities of EUR -3.5 million comprises earn-out payment, share issue cost and accounts receivable financing for online payments.

SHOP APOTHEKE EUROPE FINANCIAL PERFORMANCE: WORKING CAPITAL AND CAPEX.

• Capex in the reporting period comprise investments in the next step in automation and increased warehouse capacity.

OUTLOOK – SHOP APOTHEKE IS ON A PATH OF PROFITABLE GROWTH.

Growing German segment EBITDA finances

international expansion(1) Equity Research Analysts see continuing strong growth trajectory

Reported(3) Analyst forecasts(4)
In EUR
`000
2016A 2017A 2018E 2019E 2020E
Sales 177,391 283,992 559,700 703,700 842,000
% growth 41.3% 60.1% 97.1% 25.7% 17.94%
EBITDA (8,366) (12,137) 700 8,633 15,600
EBIT (11,639) (19,197) (7,000) (833) 5,650
Total debt 0 4,863 n.a. n.a. n.a.
Cash
& marketable
securities
58,500 28,290 n.a. n.a. n.a.

Strong projected sales growth and operational excellence lead to an expected EBITDA breakeven in 2018E

  • SHOP APOTHEKE is already profitable on an EBITDA level in its core market Germany
  • OTC acquisitions would lead to additional economies of scale, synergies and market share gains
  • Fundamentals, a dominant market position and first mover advantage provide a strong buffer against potential risks
  • SHOP APOTHEKE best positioned to benefit from growing online penetration

Source: (1) Presentation on SHOP APOTHEKE FY2017 Annual Report; (2) Adjusted for one-off costs related to acquisitions (unadjusted: EUR 4.8m in FY2016); (3) SHOP APOTHEKE FY2017 Annual Report; (4) Bloomberg consensus estimate as of 03 April 2018

3. RESERVATION AND DIVIDEND POLICY (DISCUSSION ITEM).

3. RESERVATION AND DIVIDEND POLICY (DISCUSSION ITEM).

Due to the Company's European growth story and online pharmacy leadership, current results are not yet positive and therefore lead to a decrease of other reserves. Therefore the Company will not yet pay out dividends to its shareholders. A detailed dividend policy shall be defined when positive reserves allow for dividend payments to be made.

29

4. ADOPTION OF THE ANNUAL ACCOUNTS FOR THE FINANCIAL YEAR 2017 (VOTING ITEM).

PRESENTATION OF THE INDEPENDENT AUDITOR'S REPORT 2017.

Presentation by Pieter-Paul Saasen Partner Audit & Assurance

BDO Audit & Assurance B.V. Eindhoven, The Netherlands

PROPOSAL AGENDA ITEM 4.

It is proposed to adopt the annual accounts 2017. On 27 February 2018, the members of the Managing Board and the Supervisory Board signed the annual accounts 2017 drawn up by the Managing Board. The annual accounts were published on 12 March 2018 and are submitted for adoption by the general meeting in this annual general meeting. BDO Audit & Assurance B.V., the Company's external accountant, has issued an auditor's report with an unqualified audit opinion, which is included in the annual accounts for the financial year 2017. The report of the Supervisory Board is also included in the annual accounts for the financial year 2017.

5. PROPOSAL TO ALLOCATE THE RESULTS OF THE FINANCIAL YEAR 2017 (VOTING ITEM).

PROPOSAL AGENDA ITEM 5.

It is proposed by the Managing Board, with the prior approval of the Supervisory Board and in accordance with the Company's reservation and dividend policy, to allocate the results for the financial year 2017 to the Company's accumulated net loss.

6. ADOPTION AND IMPLEMENTATION OF:

  • a. the remuneration policy for the members of the managing board and the members of the supervisory board (voting item); and
  • b. the management and employee stock option plan as part of the remuneration policy for the members of the managing board (voting item).

PROPOSAL AGENDA ITEM 6.A:

Adoption and implementation of the remuneration policy for the members of the managing board and the members of the supervisory board.

Pursuant to the Dutch Civil Code, the Company is required to inform the general meeting about the implementation of the remuneration policy for the Managing Board during the past financial year. The remuneration report for the Managing Board for the financial year 2017 is included in the Company's annual report for the financial year 2017. The Company's remuneration policy for the financial year 2017 was adopted and implemented pursuant to a resolution of the general meeting on 16 May 2017. The new remuneration policy was made public on the Company's website. The proposed remuneration policy submitted to be adopted and implemented by the general meeting in this annual general meeting contains a rectification of the name of the Dutch pension fund to which the employer's contribution is paid for Theresa Holler, the Company's COO and Chief Pharmacist. The correct name is Stichting Pensioenfonds Openbare

Apothekers (SPOA).

It is proposed to adopt and implement this new remuneration policy for the members of the Managing Board and the members of the Supervisory Board for the financial years 2018 up to and including 2020.

PROPOSAL AGENDA ITEM 6.B:

Adoption and implementation of the management and employee stock option plan as part of the remuneration policy for the members of the managing board.

As part of the Company's new remuneration policy for the Managing Board, it is proposed by the Supervisory Board that the remuneration for the Managing Board will include the proposed management and employee stock option plan (the ESOP). The ESOP was made public on the Company's website. As part of the proposed ESOP, eligible persons, including members of the Managing Board, can be granted rights (stock options) to acquire shares in the share capital of the Company up to a maximum of 500,000 new shares for a certain exercise price, all on the terms and subject to the conditions set out in the ESOP. The proposed ESOP submitted to be adopted and implemented by the general meeting in this annual general meeting contains two amendments: (1) eligible persons include certain persons with (consulting or management) agreements with the Company or with a subsidiary as designated by the Company from time to time in its sole discretion, and (2) the exercise price of each stock option shall be such price as determined by the Managing Board, provided that the exercise price of stock options held by members of the Managing Board shall be such price as determined by the Supervisory Board.

It is therefore proposed to adopt and implement this new ESOP as part of the remuneration policy for the Managing Board for the financial years 2018 up to and including 2020.

  1. DISCHARGE FROM LIABILITY OF THE MEMBERS OF THE MANAGING BOARD FOR THE PERFORMANCE OF THEIR DUTIES DURING THE PAST FINANCIAL YEAR (VOTING ITEM).

PROPOSAL AGENDA ITEM 7.

It is proposed to grant discharge to all members of the Managing Board from liability for their management and conducted policy during the financial year 2017, insofar as the performance of such duties is disclosed in the annual accounts for the financial year 2017 or has otherwise been disclosed to the general meeting.

  1. DISCHARGE FROM LIABILITY OF THE MEMBERS OF THE SUPERVISORY BOARD FOR THE PERFORMANCE OF THEIR DUTIES DURING THE PAST FINANCIAL YEAR (VOTING ITEM).

PROPOSAL AGENDA ITEM 8.

It is proposed to grant discharge to all members of the Supervisory Board from liability for their supervision on the (policies of the) Managing Board and the general course of affairs of the Company and its affiliated business during the financial year 2017, insofar as the performance of such duties is disclosed in the annual accounts for the financial year 2017 or has otherwise been disclosed to the general meeting.

9. RE-APPOINTMENT OF BDO AUDIT & ASSURANCE B.V., EINDHOVEN, AS EXTERNAL AUDITOR OF THE COMPANY FOR THE FINANCIAL YEAR ENDING 31 DECEMBER 2018 (VOTING ITEM).

PROPOSAL AGENDA ITEM 9.

It is proposed to re-appoint BDO Audit & Assurance B.V. in Eindhoven, The Netherlands, as the external auditor of the Company charged with the auditing of the Company's annual accounts for the financial year ending 31 December 2018.

10. REVOCATION OF THE CURRENT DESIGNATION OF THE MANAGING BOARD AS THE CORPORATE BODY AUTHORISED TO:

  • a. issue shares and/or grant rights to acquire shares subject to certain conditions (voting item); and
  • b. restrict or exclude the pre-emptive rights upon the issue of shares and/or the granting of rights to acquire shares as described under item 10.a. subject to certain conditions (voting item).

PROPOSAL AGENDA ITEM 10.A:

Revocation of the current designation of the managing board of the Company as the corporate body authorised to issue shares and/or grant rights to acquire shares subject to certain conditions.

As part of the successful placement of the convertible bond earlier this month, the Managing Board resolved to grant rights to acquire shares in the share capital of the Company under its current delegated authority given pursuant to the resolution of the general meeting on 6 November 2017, equalling 19.9% of the issued and outstanding share capital of the Company.

It is proposed that the part of the current authorisation that has not been used by the Managing Board as part of the placement of the convertible bond (i.e. the 0.1%), is revoked and shall no longer be in force and effect, provided that a new authorisation is granted pursuant to and in accordance with the proposal under agenda item 11.a.

PROPOSAL AGENDA ITEM 10.B:

Revocation of the current designation of the managing board of the Company as the corporate body authorised to restrict or exclude the pre-emptive rights upon the issue of shares and/or the granting of rights to acquire shares as described under agenda item 10.a. subject to certain conditions.

As part of the successful placement of the convertible bond earlier this month, the Managing Board resolved to exclude the pre-emptive rights of the shareholders of the Company in respect of the convertible bond and thereby with respect to the rights to acquire the shares as referred to in the previous proposal under agenda item 10.a. under its current delegated authority given pursuant to the resolution of the general meeting on 6 November 2017.

It is proposed that the part of the current authorisation that has not been used by the Managing Board as part of the placement of the convertible bond (i.e. the 0.1%), is revoked and shall no longer be in force and effect, provided that a new authorisation is granted pursuant to and in accordance with the proposal under agenda item 11.b.

11. DESIGNATION OF THE MANAGING BOARD AS THE CORPORATE BODY AUTHORISED TO:

  • a. issue shares and/or grant rights to acquire shares subject to certain conditions (voting item); and
  • b. restrict or exclude the pre-emptive rights upon the issue of shares and/or the granting of rights to acquire shares as described under item 11.a. subject to certain conditions (voting item).

PROPOSAL AGENDA ITEM 11.A:

Designation of the managing board of the Company as the corporate body authorised to issue shares and/or grant rights to acquire shares subject to certain conditions.

It is proposed that the general meeting appoints the Managing Board for a period of five years as from the date of this meeting (i.e. up to and including 25 April 2023), or until such date on which the general meeting revokes or again extends the authorisation, if earlier, as the corporate body authorised to issue shares and grant rights to acquire shares, subject to the prior approval of the Supervisory Board, up to a maximum of 20% of the total number of issued shares outstanding on the date of this meeting (i.e. up to a maximum of 20% of 12,020,456 shares).

It is furthermore proposed that this authorisation is granted to the Managing Board under the explicit reservation that the general meeting reserves its rights that it is at any time during such authorisation also authorised to issue shares and grant rights to acquire shares in the share capital of the Company.

PROPOSAL AGENDA ITEM 11.B:

Designation of the managing board of the Company as the corporate body authorised to restrict or exclude the pre-emptive rights upon the issue of shares and/or the granting of rights to acquire shares as described in proposal 11.a. subject to certain conditions.

49

It is proposed that the general meeting appoints the Managing Board for a period of five years as from the date of this meeting (i.e. up to and including 25 April 2023), or until such date on which the general meeting revokes or again extends the authorisation, if earlier, as the corporate body authorised to restrict and exclude the pre-emptive rights accruing to shareholders in respect of the issue of shares or the granting of rights to acquire shares as described in proposal 11.a., subject to the prior approval of the Supervisory Board.

It is furthermore proposed that this authorisation is granted to the Managing Board under the explicit reservation that the general meeting reserves its rights that it is at any time during such authorisation also authorised to restrict and exclude the pre-emptive rights accruing to shareholders in respect of the issue of such shares or the granting of rights to acquire such shares.

12. PROLONGATION OF THE AUTHORISATION OF THE MANAGING BOARD TO ACQUIRE SHARES IN THE COMPANY'S OWN SHARE CAPITAL (VOTING ITEM).

PROPOSAL AGENDA ITEM 12.

It is proposed that the general meeting authorises the Managing Board to repurchase shares, on the stock exchange or otherwise, for a period of 18 months as from the date of this meeting (i.e. up to and including 25 October 2019), up to a maximum of 10% of the total number of issued shares outstanding on the date of this meeting (i.e. up to a maximum of 10% of 12,020,456 shares), provided that the Company will not hold more shares in treasury than a maximum 10% of the issued and outstanding share capital at any given time. The repurchase can take place at a price between the nominal value of the shares and the weighted average price on the Xetra trading venue at the Frankfurt Stock Exchange for five trading days prior the day of purchase plus 10%. This price range enables the Company to adequately repurchase its own shares, also in volatile market conditions.

13. QUESTIONS AND ANY OTHER BUSINESS.

VOTING.

14. CLOSING.

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