Report no. 75/2013

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 29 July 2013  a notification was received from Ms. Matylda Gerber, informing that on 25 July  2013 Ms. Matylda Gerber  through MLV 43 sp. z o.o. with its registered office in Warsaw ("MLV 43")indirectly disposed of  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). 
 

In line with the said notification,  the shares were sold  on 25 July 2013 in settlement of the tender offer to subscribe for the sale of shares of EMC as announced on 28 May 2013 by for CareUp B. V.  with its registered office in Amsterdam, the Netherlands ("CareUp") and Soporto Invest B. V.  with its registered office in Amsterdam, the Netherlands,  MLV 43 sold while CareUp 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). 
 

Prior to the said disposal of shares, Ms. Matylda Gerber-through MLV 43-  indirectly held 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). 
 

Ms. Matylda 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, Ms. Maria Gerber, who  through MLV 43 altogether indirectly held 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). 
 

In line with the said notification ,currently, Ms.Matylda Gerber holds no shares of EMC, either directly or indirectly.

Therefore, disposal, above indicated agreement as defined in Art. 87 section 1 point 5 of the Act on Public Offering, has ceased to exist.
 

Considering the above disposal of shares, the said agreement , as defined in Art. 87 (1) ( 5) of the Act on Public Offering, has ceased t exist.
 

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. 

 

Legal grounds: Art. 70 (1) 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 (uniform text. Journal of  Laws of 2009 No. 185, item. 1439, as amended).