Federal Act
on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading
(Financial Market Infrastructure Act, FinMIA)

¹ An of­fer­or who holds more than 98% of the vot­ing rights of the tar­get com­pany on ex­piry of the of­fer peri­od may, with­in three months, pe­ti­tion the court to can­cel the out­stand­ing equity se­cur­it­ies. For this pur­pose, the of­fer­or must ini­ti­ate an ac­tion against the com­pany. The re­main­ing share­hold­ers may par­ti­cip­ate in these pro­ceed­ings.

² The com­pany shall re­is­sue such equity se­cur­it­ies and al­lot them to the of­fer­or either against pay­ment of the of­fer price or ful­fil­ment of the ex­change of­fer in fa­vour of the hold­ers of the equity se­cur­it­ies which have been can­celled.