28/05/2013
Report no. 46/2013
A purchase 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 MLV 41 sp. z o.o. with its registered office in Warsaw ("MLV 41"), informing that on 27 May 2013 MLV 41, through Soporto Invest B. V. with its registered office in Amsterdam, the Netherlands ("Soporto”,) indirectly purchased 1,215,779 shares of EMC Instytut Medyczny S.A. with its registered office in Wrocław ("EMC"). The said shares constitute 14.6% of the share capital of EMC and carry 2,013,522 voting rights at the Meeting of Shareholders EMC, which represents 20.49% of the total number of votes at the General Meeting of Shareholders of EMC ( including 797,743 registered privileged series A Shares constituting 9.58% of the share capital of EMC that carry 1,595,486 voting rights at the General Meeting of Shareholders of EMC, which represents 16,24% of the total number of votes votes at the General Meeting of Shareholders of EMC as well as 418,036 ordinary bearer shares constituting 5.02% of the share capital of EMC that carry 418,036 voting rights at the General Meeting of Shareholders of EMC, which represents 4.25% of the total number of votes at the General Meeting of Shareholders of EMC)i.e. MLV 41 has indirectly exceeded the 10% threshold of the share capital of EMC and 20% of the total number of votes of EMC.
In line with the said notification, the exceeding of the threshold occurred on 27 May 2013 in connection with transferring 96,830 shares of Soporto to MLV 41 by Ms. Hanna Gerber as a in-kind contribution in respect of taking up 861,000 shares in the increased share capital of MLV 41 by Ms. Hanna Gerber on 27 April 2013. Soporto directly holds 1,215,779 shares of EMC Instytut Medyczny S.A. that constitute 14.6% of the share capital of EMC and carry 2,013,522 voting rights at the Meeting of Shareholders EMC, which represents 20.49% of the total number of votes at the General Meeting of Shareholders of EMC ( including 797,743 registered privileged series A Shares constituting 9.58% of the share capital of EMC that carry 1,595,486 voting rights at the General Meeting of Shareholders of EMC, which represents 16.24% of the total number of votes votes at the General Meeting of Shareholders of EMC as well as 418,036 ordinary bearer shares constituting 5.02% of the share capital of EMC that carry 418,036 voting rights at the General Meeting of Shareholders of EMC, which represents 4.25% of the total number of votes at the General Meeting of Shareholders of EMC).
Prior to the said purchase of shares, MLV 41 held no shares in the share capital of EMC, either directly or indirectly.
In line with the said notification, MLV 41 indirectly through Soporto holds 1,215,779 shares of EMC Instytut Medyczny S.A. that constitute 14.6% of the share capital of EMC and carry 2,013,522 voting rights at the Meeting of Shareholders EMC, which represents 20.49% of the total number of votes at the General Meeting of Shareholders of EMC ( including 797,743 registered privileged series A Shares constituting 9.58% of the share capital of EMC that carry 1,595,486 voting rights at the General Meeting of Shareholders of EMC, which represents 16,24% of the total number of votes votes at the General Meeting of Shareholders of EMC as well as 418,036 ordinary bearer shares constituting 5.02% of the share capital of EMC that carry 418,036 voting rights at the General Meeting of Shareholders of EMC, which represents 4.25% of the total number of votes at the General Meeting of Shareholders of EMC).
MLV 41 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 Soporto, no subsidiary of MLV 41 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 MLV 41.