Voting Rights Announcements | 21 February 2011 16:31
EVN AG
21.02.2011 16:31
Dissemination of a Voting Rights Announcement, transmitted by
DGAP - a company of EquityStory AG.
The issuer is solely responsible for the content of this announcement.
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EVN AG announces that NECKARPRI GmbH ('NECKARPRI'), Stuttgart, the State of
Baden-Württemberg, OEW Energie-Beteiligungs GmbH ('OEW GmbH'), Ravensburg,
and the Zweckverband Oberschwäbische Elektrizitätswerke ('OEW
Zweckverband') Ravensburg - Upper Swabian Power Companies - pursuant to §
91 (1) Line 1 in conjunction with § 92a (1) Stock Exchange Act and
pursuant to § 92 Line 1 in conjunction with § 91 (1) Line 1 and § 92a (1)
Stock Exchange Act have announced the indirect acquisition of the following
voting rights in EVN AG:
1. With its shareholding disclosure dated November 5, 2010, EnBW Energie
Baden-Württemberg AG ('EnBW') announced pursuant to § 91 (1) Stock Exchange
Act that it did not exercise its subscription rights in the capital
increase of EVN entered into the commercial registrer on October 30, 2010,
and that with the entry of this capital increase in the commercial
register, the threshold of voting rights fell below 35% but not below the
threshold of 30% of the voting rights in EVN AG.
The main shareholders of EnBW at this point in time were: OEW GmbH and
E.D.F. International S.A. ('EDFI') each with a stake of 45.006% in the
share capital and (pursuant to § 91 (1a) Stock Exchange Act) the voting
rights.
2. The sole shareholder of OEW GmbH is OEW Zweckverband, a union of nine
administrative districts (German: 'Landkreis') in the State of
Baden-Württemberg, to which the following districts belong: Landkreis
Ravensburg (21.821%), Alb-Donau-Kreis (20.989%) Bodensee¬kreis (15.812%),
Biberach (11.126%), Zollernalbkreis (8.712%), Landkreis Rottweil (6.479%),
Landkreis Sigmaringen (6.229%), Landkreis Freudenstadt (5.007%) and
Landkreis Reutlingen (3.825%).
The sole shareholder of EDFI is Electricité de France S.A. ('EDF').
3. There was a shareholder agreement between OEW GmbH, OEW Zweckverband,
EDFI and EDF concluded on July 6, 2000, which was revised several times.
The shareholder agreement includes, amongst other things, stipulations
about agreed upon and partly uniform exercising of voting rights (voting
agreement).
4. On February 17, 2011, NECKARPRI and thus indirectly the State of
Baden-Württemberg acquired about 45.006% of the share capital and (pursuant
to § 91 (1a) Stock Exchange Act) the voting rights in EnBW and thus
112,517,569 of the voting rights of EnBW from EDFI. In addition, at the
same time the State of Baden-Württemberg and NECKARPRI entered into the
shareholder agreement via EDFI and EDF with full discharge of the debtor,
according to which the voting rights of OEW GmbH and NECKARPRI are to be
calculated together for the purpose of fulfilling § 91 (1) Stock Exchange
Act.
5. Through this acquisition of a direct stake in EnBW, NECKARPRI and the
State of Baden-Württemberg acquired on February 17, 2011, calculated on the
basis of a syndicated voting rights agreement between OEW, NECKARPRI and
the State of Baden-Württemberg of about 90.012% of the voting rights in
EnBW and a shareholding of 32.47% on the part of EnBW in the share capital
and (pursuant to § 91 (1a) Stock Exchange Act) the voting rights in EVN, an
indirect controlling stake in EVN amounting to about 29.23% of the share
capital and voting rights in EVN pursuant to § 91 (1) Line 1 Stock Exchange
Act, or about 32.47% of the voting rights under the assumption of the
voting rights being fully assigned. Accordingly, the threshold of 30% but
not 35% of the voting rights has been surpassed.
6. On the basis of the shareholder agreement, since February 17, 2011
NECKARPRI, the State of Baden-Württemberg, OEW GmbH and OEW Zweckverband
have been exercising their direct voting rights in EnBW and their indirect
voting rights in EVN amounting to 32.47% of the voting rights pursuant to §
92 Line 1 Stock Exchange Act, and have thus surpassed the threshold of 5%,
10%, 15%, 20%, 25% and 30% but not 35% of the voting rights.
21.02.2011 DGAP's Distribution Services include Regulatory Announcements,
Financial/Corporate News and Press Releases.
Media archive at www.dgap-medientreff.de and www.dgap.de
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Language: English
Company: EVN AG
EVN Platz
2344 Maria Enzersdorf
Österreich
Internet: www.evn.at
End of Announcement DGAP News-Service
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