28/05/2013
Report no. 45/2013
The disposal of Shares of EMC Instytut Medyczny S.A.
The Management Board of EMC Instytut Medyczny S.A. hereby announces that pursuant to Art. 69 and in connection with Art. 69(a) 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”) on 28 May 2013 a notification was received from Mr. Piotr Gerber
informing that on 27 May 2013 Mr. Piotr Gerber directly disposed of 975,717 shares of EMC Instytut Medyczny S.A. with its registered office in Wrocław ("EMC"). The said shares constitute 11.72% of the share capital of EMC and carry 1,683,458 voting rights at the Meeting of Shareholders EMC, which represents 17.13% of the total number of votes at the General Meeting of Shareholders of EMC ( including 707,741 registered privileged series A Shares constituting 8.5% of the share capital of EMC that carry 1,415,482 voting rights at the General Meeting of Shareholders of EMC, which represents 14.4% of the total number of votes votes at the General Meeting of Shareholders of EMC as well as 267,976 ordinary bearer shares constituting 3.22% of the share capital of EMC that carry 267,976 voting rights at the General Meeting of Shareholders of EMC, which represents 2.73% of the total number of votes at the General Meeting of Shareholders of EMC).
In line with the said notification, the shares were sold on 27 May 2013 in connection with carrying out the obligation to transfer 9757,17 shares of EMC by Mr. Piotr Gerber to Soporto Invest B.V. with its registered office in Amsterdam, the Netherlands ("Soporto”) as a in-kind contribution in respect of taking up 78,722 shares in the increased share capital of Soporto by Mr. Piotr Gerber on 24 April 2013.
Prior to the said disposal of shares, Mr. Piotr Gerber directly held 975,717 shares of EMC constituting 11.72% of the share capital of EMC and carry 1,683,458 voting rights at the Meeting of Shareholders EMC, which represents 17.13% of the total number of votes at the General Meeting of Shareholders of EMC ( including 707,741 registered privileged series A Shares constituting 8.5% of the share capital of EMC that carry 1,415,482 voting rights at the General Meeting of Shareholders of EMC, which represents 14.4% of the total number of votes votes at the General Meeting of Shareholders of EMC as well as 267,976 ordinary bearer shares constituting 3.22% of the share capital of EMC that carry 267,976 voting rights at the General Meeting of Shareholders of EMC, which represents 2.73% of the total number of votes at the General Meeting of Shareholders of EMC).
Mr. Piotr 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 directly and indirectly, through Netskill Management Ltd with its registered office in Nicosia, Cyprus ("Netskill"), held 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, Mr. Piotr Gerber does not hold any shares, either directly or indirectly, in the share capital of EMC.
Consequently, Mr. Piotr Gerber is no longer a party to an agreement as defined in Art. 87 (1) (5) of the Act on Public Offering, which comprises Ms. Matylda Gerber, Ms. Maria Gerber and Ms. Hanna Gerber.
No subsidiary of Mr. Piotr 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 Mr. Piotr Gerber.