In connection with the anticipated public takeover offer pursuant to §§ 22 et seq. Austrian Takeover Act (“ATA”) published by SOF-11 Klimt CAI S.à r.l. ("Starwood" the "Bidder"), a subsidiary of Starwood Capital Group, on 22 February 2021 ("Offer"), and the related change of control as defined in the terms and conditions of the convertible bond 2017, it was necessary to draw on the authorized capital as a source of settlement shares for the holders of convertible bonds, in addition to the existing conditional capital pursuant to Section 4 (4) of the Company's Articles of Association.
This takeover offer is available here.
The report of the Management Board to exclude the subscription right concerning the capital increase from authorised capital pursuant to section 171 para 1 in connection with section 153 para 4 Austrian Stock Corporation Act ("AktG") and the information of the Management Board on the implementation of the exclusion of the shareholders' reverse subscription right or repurchase right in the course of the disposal of treasury shares can be found here: