7. Notified details of the resulting situation on the date on which the threshold was crossed or reachedviii: |
A: Voting rights attached to shares |
Class/type of
shares
ISIN code (if possible) |
Number of voting rightsix |
% of voting rights |
Direct
(Art 8 of the
Transparency Law) |
Indirect
(Art 9 of the
Transparency Law) |
Direct
(Art 8 of the
Transparency Law) |
Indirect
(Art 9 of the Transparency Law) |
Class A shares
ISIN LU0472835155 |
11,813,721 |
2,286,935 |
57.56% |
11.14% |
|
|
|
% |
% |
|
|
|
% |
% |
SUBTOTAL A
(Direct & Indirect) |
14,100,656 |
68.70 % |
|
B 1: Financial Instruments according to Art. 12(1)(a) of the Transparency Law |
Type of financial instrument |
Expiration
datex |
Exercise/
Conversion Periodxi |
Number of voting rights that may be acquired if the instrument is exercised/ converted. |
% of voting rights |
N/A |
N/A |
N/A |
N/A |
% |
|
|
|
|
% |
|
|
|
|
% |
|
|
SUBTOTAL B.1 |
N/A |
N/A % |
|
B 2: Financial Instruments with similar economic effect according to Art. 12(1)(b) of the Transparency Law |
Type of financial instrument |
Expiration
datex |
Exercise/
Conversion Periodxi |
Physical or cash settlementxii |
Number of voting rights |
% of voting rights |
|
N/A |
N/A |
N/A |
N/A |
N/A |
% |
|
|
|
|
|
|
% |
|
|
|
|
|
|
% |
|
|
|
|
SUBTOTAL B.2 |
N/A |
N/A% |
|
|
|
|
|
|
|
|
8. Information in relation to the person subject to the notification obligation:
(please tick the applicable box)
Person subject to the notification obligation is not controlled by any natural person or legal entity and does not control any other undertaking(s) holding directly or indirectly an interest in the (underlying) issuer.xiii
x Full chain of controlled undertakings through which the voting rights and/or the
financial instruments are effectively held starting with the ultimate controlling natural person or legal entityxiv (please provide a separate organisational chart in case of a complex structure): |
N |
Namexv |
% of voting rights held by ultimate controlling person or entity or held directly by any subsidiary if it equals or is higher than the notifiable
threshold |
% of voting rights through financial instruments held by ultimate controlling person or entity or held directly by any subsidiary if it equals or is higher than the notifiable
threshold |
Total of both |
Directly controlled by (use number(s) from 1st column) |
|
1 |
Klaus Röhrig |
N/A |
0 % |
N/A |
N/A |
|
2 |
Tamlino Investments Ltd. |
N/A |
0 % |
N/A |
1 |
|
3 |
Tamlino Import & Advisory Ltd |
N/A |
0 % |
N/A |
2 |
|
4 |
Active Ownership Investments Limited |
11.14 % |
0 % |
11.14 % |
3 |
|
5 |
Florian Schuhbauer/
Andrea Schuhbauer |
N/A |
0 % |
N/A |
N/A |
|
6 |
Active Ownership Advisors GmbH |
N/A |
0 % |
N/A |
5 |
|
7 |
Active Ownership Corporation S.à r.l. |
N/A |
0 % |
N/A |
4 and 6 |
|
8 |
Active Ownership Fund SICAV-SIF SCS |
N/A |
0 % |
N/A |
7 |
|
9 |
White Elephant Holdco S.à r.l. |
N/A |
0 % |
N/A |
8 |
|
10 |
White Elephant S.à r.l. |
57.56 % |
0 % |
57.56 % |
9 |
|
|
9. In case of proxy voting:
The proxy holder named will cease to hold % and number of voting rights as of .
The appointment is made for an unlimited duration. |
|
10. Additional informationxvi: |
Klaus Röhrig is the 100% owner of Tamlino Investments Ltd. acting as general partner of Tamlino Import & Advisory LP itself holding 100% in Active Ownership Investments Limited (‘AOI‘), which in turn holds 50% in Active Ownership Corporation S.à r.l., an alternative investment fund manager (‘AIFM‘) within the meaning of the law of 12 July 2013 on alternative investment fund managers, as amended (‘AOC‘).
Florian Schuhbauer and Andrea Schuhbauer are the 51% respectively 49% owners of Active Ownership Advisors GmbH, holding the remaining 50% in AOC.
AOC is the AIFM of Active Ownership Fund SICAV-SIF SCS (‘AOF‘) which is the majority shareholder of White Elephant Holdco S.à r.l. which in turn is the sole shareholder of White Elephant S.à r.l. (‘White Elephant‘).
AOC has been appointed as AIFM of AOF on 1 October 2019 pursuant to an appointment agreement (AIFM-Bestellungsvertrag) pursuant to which AOC is entitled, inter alios, to exercise in its sole discretion all rights arising from participations and other assets of AOF including, but not limited, voting rights attaching to shares and in particular the 11,813,721 shares in exceet held by White Elephant. The appointment of AOC as AIFM of AOF is made for an unlimited duration.
AOI and White Elephant have on 5 July 2019 entered into an acting in concert agreement by which AOI and White Elephant have documented their intention to coordinate their voting rights in, and pursue a sustainable joint policy towards, exceet. AOI and White Elephant are accordingly to be considered as acting in concert for the purposes of article 9(a) of the Transparency Law. |