Report no. 41/2013

The Management Board of EMC Instytut Medyczny S.A. with its registered office in Wrocław informs that pursuant to Art. 69 and in connection with Art. 69a of the Act of 29 July 2005 on Public Offering and Conditions Governing the Introduction of Financial Instruments to Organized Trading, and on Public Companies (“an Act on Public Offering”) a notification was received from Ms. Matylda Gerber on 28 May 2013 that 1.982.828 shares of Instytut Medyczny S.A. with its registered office in Wrocław ("EMC") were acquired by her through Netskill Management Ltd with its registered office in Nicosia, Cyprus ("Netskill"). The shares purchased carry 2,685,123 voting rights at the Meeting of Shareholders EMC and constitute 23.81% of the share capital of EMC and 27.32% of the total number of votes at the General Meeting of Shareholders of EMC ( including 702,295 registered privileged series A Shares that carry 1,404,590 voting rights at the General Meeting of Shareholders of EMC , which constitutes 8.43% of the share capital of EMC and 14.29% of the total number of votes votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares that carry 1,280,533 voting rights at the General Meeting of Shareholders of EMC, which constitute 15.38% of the share capital of EMC and 13.03% of the total number of votes at the General Meeting of Shareholders of EMC) i.e. Mrs. Matylda Gerber has indirectly exceeded the 20% threshold of the share capital of EMC and 25% of the total number of votes of EMC.
 

In line with the said notification, the threshold has been exceeded as a result of the donation of 57,432 shares in the share capital of Netskill made to Ms. Matylda Gerber by Mr. Piotr Gerber, who directly holds 1,982,828 shares of EMC representing 23.81% of the share capital of EMC ,which carry 2,685,123 voting rights at the General Meeting of Shareholders of EMC and constitute 27.32% of the total number of votes at the General Meeting of Shareholders of EMC (including 702,295 registered privileged Series A Shares constituting 8.43% of the share capital of EMC that carry 1,404,590 voting rights at the General Meeting of Shareholders of EMC , which represents 14.29% of the total number of votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares which constitute 15.38% of the share capital of EMC and carry 1,280,533 voting rights at the General Meeting of Shareholders of EMC, which represents 13.03% of the total number of votes at the General Meeting of Shareholders of EMC).
 

Prior to the abovementioned acquisition, Ms. Matylda Gerber did not hold any shares, either directly or indirectly, in the share capital of EMC.
 

Ms. Matylda Gerber was a party to an agreement as defined in Art. 87 (1) (5) of the Act on Public Offering, which comprised Mr. Piotr Gerber, Ms. Matylda Gerber, Ms. Maria Gerber and Ms. Hanna Gerber, who through Netskill directly and indirectly hold 3,198,607 shares of EMC representing 38.41% of the share capital of EMC that carry 4,698,645 voting rights at the General Meeting of Shareholders of EMC and constitute 47.81% of the total number of votes at the General Meeting of Shareholders of EMC (including 1,500,038 registered privileged Series A Shares constituting 18.01% of the share capital of EMC that carry 3,000,076 voting rights at the General Meeting of Shareholders of EMC , which represents 30.53% of the total number of votes at the General Meeting of Shareholders of EMC as well as 1,698,569 ordinary bearer shares which constitute 20.4% of the share capital of EMC and carry 1,698,569 voting rights at the General Meeting of Shareholders of EMC, which represents 17.28% of the total number of votes at the General Meeting of Shareholders of EMC).

In line with the said notification, Ms. Matylda Gerber, through Netskill, indirectly holds 1,982,828 shares of EMC representing 23.81% of the share capital of EMC which carry 2,685,123 voting rights at the General Meeting of Shareholders of EMC and constitute 27.32% of the total number of votes at the General Meeting of Shareholders of EMC (including 702,295 registered privileged Series A Shares constituting 8.43% of the share capital of EMC that carry 1,404,590 voting rights at the General Meeting of Shareholders of EMC , which represents 14.29% of the total number of votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares which constitute 15.38% of the share capital of EMC and carry 1,280,533 voting rights at the General Meeting of Shareholders of EMC, which represents 13.03% of the total number of votes at the General Meeting of Shareholders of EMC).

Following the above mentioned acquisition, the said agreement as defined in Art. 87 (1) (5) of the Act on Public Offering comprises Mr. Piotr Gerber, Ms. Matylda Gerber, Ms. Maria Gerber and Ms. Hanna Gerber who, either directly or indirectly, through Netskill hold 3,198,607 shares of EMC representing 38.41% of the share capital of EMC that carry 4,698,645 voting rights at the General Meeting of Shareholders of EMC and constitute 47.81% of the total number of votes at the General Meeting of Shareholders of EMC (including 1,500,038 registered privileged Series A Shares constituting 18.01% of the share capital of EMC that carry 3,000,076 voting rights at the General Meeting of Shareholders of EMC , which represents 30.53% of the total number of votes at the General Meeting of Shareholders of EMC as well as 1,698,569 ordinary bearer shares which constitute 20.4% of the share capital of EMC and carry 1,698,569 voting rights at the General Meeting of Shareholders of EMC, which represents 17.28% of the total number of votes at the General Meeting of Shareholders of EMC).

Ms. Matylda Gerber does not intend to increase the share in the total number of votes of EMC within 12 months of submitting the said notification.

Apart from Netskill, no other subsidiary of Ms. Matylda Gerber holds shares of EMC, either directly or indirectly.
 

No third party is entitled to exercise the voting rights attached to shares of EMC under the agreement with Ms. Matylda Gerber.