Declaration of Voting Results & Voting Rights Announcements • Jul 4, 2014
Declaration of Voting Results & Voting Rights Announcements
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Pursuant to § 93 (2) Austrian Stock Exchange Act ("SEA"), FACC AG hereby gives notice that it has received the following notification from its shareholder FACC International Company Limited ("FACC Int") regarding its shareholding in FACC AG (the "Issuer") as of 25 June 2014:
FACC Int holds 23,352,900 voting rights in the Issuer, which are 51% of the total voting rights, accordingly the holding is in excess of the threshold of 50%, but not more than 75%, each as set forth in § 91 para 1 of the SEA.
In connection with an option (the "Greenshoe Option") granted by FACC Int to J.P. Morgan Securities plc., 25 Bank Street, Canary Wharf, London E14 5JP, United Kingdom ("JPM"), JPM is, depending on the exercise of such option, ie if it is not exercised, obliged to redeliver up to 2,039,736 shares, representing 4.45% of the voting shares of the Issuer, which shares have been loaned to JPM by FACC Int for overallotments in connection with the Offering, which have been allotted to investors upon pricing in connection with the Offering, to FACC Int, which equals the shares and voting rights of the Issuer granted under the Greenshoe Option, ("Redelivery Obligation").
Pursuant to the Redelivery Obligation, JPM is obliged to redeliver to FACC Int. shares maximum in excess of the threshold of 4.0%, but not more than 5.0%, each as set forth in § 91 para 1 of the SEA.
JPM may, in accordance with the Greenshoe Option, exercise such option until not later than 30 days after the first day of trading in the shares of the Issuer on the Vienna Stock Exchange and is obliged to redeliver remaining shares under the Redelivery Obligation, which were not exercised under such option, no later than two business days following the end of such 30 calendar days period.
In total, ie the holding (point 1) and the Greenshoe Option (point 2) amounts to 25,392,636 voting rights in the Issuer, which are 55.45% of the total voting rights and accordingly is in excess of the threshold of 50%, but not more than 75%, each as set forth in section § 91 para 1 of the SEA.
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