Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ The gen­er­al meet­ing re­solve to cre­ate con­tin­gent cap­it­al by grant­ing share­hold­ers, cred­it­ors of bonds or sim­il­ar debt in­stru­ments, em­ploy­ees, mem­bers of the board of dir­ect­ors of the com­pany or an­oth­er com­pany in the group or third parties the right to sub­scribe for new shares (con­ver­sion and op­tion rights).² The share cap­it­al auto­mat­ic­ally in­creases whenev­er and to the ex­tent that such con­ver­sion or op­tion rights are ex­er­cised and the con­tri­bu­tion ob­lig­a­tions are dis­charged by pay­ment or off­set­ting.

³ The provisions on increasing the share capital from contingent capital also applymutatis mutandisin the event that conversion and acquisition requirements are imposed.

⁴ The fore­go­ing para­graphs are sub­ject to the reg­u­la­tions of the Bank­ing Act of 8 Novem­ber 1934³⁸⁰ on re­serve cap­it­al.