Report no. 65/2013

The Management Board of EMC Instytut Medyczny S.A. with its registered office in Wrocław ("EMC") 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 21 June 2013  a notification was received from Ms. Matylda Gerber informing that on 28 June 2013 Ms. Matylda Gerber ,through Netskill Management Ltd with its registered office in Nicosia, Cyprus ("Netskill") and MLV 43 sp. z o.o. with its registered office in Warsaw ("MLV 43") indirectly disposed of and  through MLV 43 she indirectly purchased 1,982,828 shares of EMC. The said shares constitute 23.81% of the share capital of EMC and carry 2,685,123 voting rights at the Meeting of Shareholders EMC, which represents 27.32% of the total number of  votes at the General Meeting ( 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 votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares constituting 15,38% of the share capital of EMC that 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) i.e. Ms. 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  was exceeded and shares were sold as a result of the sale agreement  signed on June 27, 2013, by Netskill Management Ltd, the Seller,  and MLV 43 with its registered office in Warsaw (“MLV 43”), the Buyer, under which the former sold and the latter purchased 1,982,828 shares of EMC that constitute 23.81% of the share capital of EMC and carry 2,685,123 voting rights at the Meeting of Shareholders EMC, which represents 27.32% of the total number of  votes at the General Meeting ( 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 votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares constituting 15,38% of the share capital of EMC that 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). The ownership of EMC shares was transferred to an account of MLV 43 by a brokerage house on 28 June 2013. 
 

Prior to the said disposal of and purchase of shares, Ms. Matylda Gerber, through MLV 43 and Netskill , indirectly held 1,982,828 shares of EMC that constitute 23.81% of the share capital of EMC and carry 2,685,123 voting rights at the Meeting of Shareholders EMC, which represents 27.32% of the total number of  votes at the General Meeting ( 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 votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares constituting 15,38% of the share capital of EMC that 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).
 

Ms. Hanna Gerber was a party to an agreement as defined in  Art. 87 (1) (5) of the Act on Public Offering, which comprised Ms. Matylda Gerber and  Ms. Maria Gerber, who, through MLV 43  and Netskill, indirectly held 1,982,828 shares of EMC that  constitute 23.81% of the share capital of EMC and carry 2,685,123 voting rights at the Meeting of Shareholders EMC, which represents 27.32% of the total number of  votes at the General Meeting ( 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 votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares constituting 15,38% of the share capital of EMC that 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).
 

In line with the said notification, currently  Ms. Hanna Gerber ,through MLV 43, indirectly holds 1,982,828 shares of EMC that constitute 23.81% of the share capital of EMC and carry 2,685,123 voting rights at the Meeting of Shareholders EMC, which represents 27.32% of the total number of  votes at the General Meeting ( 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 votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares constituting 15,38% of the share capital of EMC that 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).
 

Consequently, as a result of the above mentioned purchase of shares, the parties to the said  agreement as defined in  Art. 87 (1) (5) of the Act on Public Offering, which comprises Ms. Matylda Gerber and Ms. Maria Gerber, through MLV 43, indirectly hold 1,982,828 shares of EMC that constitute 23.81% of the share capital of EMC and carry 2,685,123 voting rights at the Meeting of Shareholders EMC, which represents 27.32% of the total number of  votes at the General Meeting ( 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 votes at the General Meeting of Shareholders of EMC as well as 1,280,533 ordinary bearer shares constituting 15,38% of the share capital of EMC that 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).

 

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 MLV 43, 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.