The subscribed capital is conditionally increased by up to €2,812,224.00 divided into a maximum of 2,812,224 bearer shares (Contingent Share Capital I). This Contingent Capital increase is to be used exclusively to cover stock options issued to members of the Company’s Board of Directors, board members of subordinate associated companies within and outside of Germany and to other executives and employees of the Company and its subordinate associated companies as detailed in the provisions of the authorization resolved by the AGM on May 14, 2004, as amended by the supplemental resolution of the AGM on February 21, 2006, as amended by the amendment resolution of the AGM on January 29, 2007, and as amended by the amendment and supplemental resolution of the AGM on January 28, 2008. This shall only be implemented to the extent that these share options are taken up and the Company does not provide the consideration in cash or with its own shares. The new shares shall carry dividend rights from the beginning of the fiscal year in which they are issued. Should the issue take place before the ordinary AGM, the new shares shall be entitled to dividends for the previous fiscal year as well.
The authorization to issue shares out of Contingent Share Capital I was not used and expired on May 13, 2009. We plan to submit a proposal to the next AGM for the creation of a new Contingent Share Capital I in relation to the issue of share options.
