Voting Rights Announcements | 8 April 2011 13:26
EVN AG
08.04.2011 13:26
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 gives notice to the public that NECKARPRI-Beteiligungsgesellschaft
mbH i.Gr. (in the process of foundation) with corporate seat in Stuttgart,
business address at Richard-Wagner-Str. 15, D-70184 Stuttgart, founded on
April 5, 2011 and to be entered in the Commercial Register of the Local
Court ('Amtsgericht') of Stuttgart ('NECKARPRI-Bet'), has given notice
according to sec. 91 para. 1 sub-para. 1 in connection with sec. 92a para.
1 of the Stock Exchange Act and according to sec 92 para. 1 in connection
with sec. 91 para. 1 sub-para. 1 in connection with sec. 92a para. 1 of the
Stock Exchange Act of having indirectly acquired the following voting
rights in EVN AG:
1.By the notification of participating interests dated February 18, 2011,
NECKARPRI GmbH, Stuttgart ('NECKARPRI') according to sec. 91 para. 1 of the
Stock Exchange Act gave notice to the public of having acquired a share of
approximately 45.006% of the corporate capital and (according to sec. 91
para. 1a of the Stock Exchange Act) of the voting rights (i.e. 112,517,569
voting rights) of EnBW Energie Baden-Württemberg AG, Karlsruhe ('EnBW'). On
account of thus acquiring a direct participation in EnBW, NECKARPRI and the
Land of Baden-Württemberg ('BW'), which holds 100% of the shares in
NECKARPRI, on February 17, 2011 - based on a proportion, syndicated between
OEW Energie-Beteiligungs GmbH, Ravensburg ('OEW GmbH'), Zweckverband
Oberschwäbische Elektrizitätswerke, Ravensburg ('OEW Zweckverband'),
NECKARPRI and BW, of approximately 90.012% of the voting rights of EnBW and
on a participation of EnBW in the corporate capital and (according to sec.
91 para. 1a of the Stock Exchange Act) in the voting rights of EVN of
32.47% - obtained an indirect controlling participating interest in EVN in
the amount of approx. 32.47% of the voting rights (provided that all of
these rights are included in the calculation) according to sec. 91 para. 1
sub-para. 1 of the Stock Exchange Act. Therefore, the threshold of 30% of
the voting rights was exceeded, but not that of 35%.
2.On April 5, 2011, NECKARPRI, as the sole shareholder, founded
NECKARPRI-Bet and contributed the share of approx. 45.006% of the corporate
capital and (according to sec. 91 para. 1a of the Stock Exchange Act) of
the voting rights, thus 112,517,569 of the voting rights of EnBW, that had
previously been held by NECKARPRI. Likewise on April 5, 2011, NECKARPRI-Bet
joined the shareholders agreement (the 'Shareholders Agreement') already
existing between OEW GmbH, OEW Zweckverband, BW and NECKARPRI. This
Shareholders Agreement among other things regulates the concerted and
partly uniform exercise of voting rights (voting agreement), and according
to sec. 92 para. 1 of the Stock Exchange Act the voting rights of OEW GmbH
and of NECKARPRI-Bet must therefore be added up for the purposes of sec. 91
para. 1 of the Stock Exchange Act.
3.By thus acquiring a direct participation in EnBW, NECKARPRI-Bet on April
5, 2011 obtained an indirect controlling interest in EVN in the amount of
approx. 32.47% of the voting rights (provided that all of these rights are
included in the calculation, and not taking into account the own shares
according sec. 91 para. 1a of the Stock Exchange Act). As a consequence,
NECKARPRI-Bet exceeded the thresholds of 5%, 10%, 15%, 20%, 25% and 30%,
but not that of 35% of the voting rights.
4.By the contribution to NECKARPRI-Bet of the participating interest held
in EnBW, and thus indirectly in EVN, that had previously been held by
NECKARPRI as well as by NECKARPRI-Bet at the same time joining the
Shareholders Agreement, the number of voting rights that can be exercised
indirectly by NECKARPRI, OEW GmbH, OEW Zweckverband and BW is not changed.
08.04.2011 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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