Appellate Court rules in favor of the capital increase resolution of Beta Systems Software Aktiengesellschaft
INFORMATION BY THE COMPANY
Berlin, June 18, 2012 – The Appellate Court (Kammergericht) today ruled that the rescissory actions lodged against the capital increase resolution from March 6, 2012 of the Annual General Meeting of Beta Systems Software Aktiengesellschaft (BSS, ISIN DE0005224406) do not preclude its entry into the Commercial Register and that any possible flaws in the resolution do not impinge on the effect of the entry. The resolution on raising the capital stock, including the granting of statutory subscription rights, passed by the Annual General Meeting of Shareholders on the March 6, 2012, was entered into the respective Commercial Register on May 8, 2012. Four shareholders had filed a rescissory action and, alternatively, a plea for annulment. The company applied to the Appellate Court for a release procedure and to ascertain that the lawsuits do not preclude the entry of the capital increase resolution and do not impinge on the effect of the entry. In its verdict today, the Appellate Court upheld the application of the company.
The offer for subscription pertaining to the execution of the capital increase and intended exclusively for the existing shareholders of the company was published in the German Federal Gazette on June 6, 2012. The subscription period commenced on June 8, 2012, and will run until the end of June 21, 2012 (midnight). Details on the execution of the capital increase can be found in the subscription offer. More information about the Capital Increase 2012 can be viewed on the company's website under www.betasystems.de/de/investoren/kapitalerhoehung2012 (in German).
The only preconditions for the legal validity of the whole capital increase are now the successful execution of the subscription offer and the entry of the execution of the capital increase in the Commercial Register. The company anticipates that the capital increase will have been completed by August 2012, as scheduled.