Results of the Votings
| Agenda | |||
| 1. | Presentation of the confirmed annual financial statements and the approved consolidated financial statements, of the management report for the Company and the Group (including the information in accordance with sections 289 (4) and 315 (4) of the German Commercial Code (HGB)) as well as the Report by the Supervisory Board for the 2009 financial year | ||
| 2. | Passing of a resolution on the appropriation of net retained profit for the 2009 financial year | ||
| 26,805,155 | Number of shares, for which valid votes have been casted (= 62.69% of the share capital) | ||
| 26,786,822 18,333 | Votes in favor Votes against | 99.93% 0.07% | |
| 3. | Passing of a resolution on the formal approval of the members of the Management Board for the 2009 financial year | ||
| 26,791,334 | Number of shares, for which valid votes have been casted(= 62.66% of the share capital) | ||
| 26,433,267 358,067 | Votes in favor Votes against | 98.66% 1.34% | |
| 4. | Passing of a resolution on the formal approval of the members of the Supervisory Board for the 2009 financial year | ||
| 26,796,950 | Number of shares, for which valid votes have been casted (= 62.68% of the share capital) | ||
| 26,437,869 359,081 | Votes in favor Votes against | 98.66% 1.34% | |
| 5. | Appointment of External Auditors | ||
| 26,800,400 | Number of shares, for which valid votes have been casted (= 62.68% of the share capital) | ||
| 26,754,336 46,064 | Votes in favor Votes against | 99.83% 0.17% | |
| 6. | Resolution on the authorisation to acquire and to use treasury shares in accordance with section 71 (1) No. 7 of the German Stock Corporation Act (AktG) | ||
| 26,561,660 | Number of shares, for which valid votes have been casted (= 62.13% of the share capital) | ||
| 25,904,926 656,734 | Votes in favor Votes against | 97.53% 2.47% | |
| 7. | Resolution on the authorisation to acquire and to use treasury shares in accordance with section 71 (1) No. 8 of the German Stock Corporation Act (AktG) | ||
| 26,561,659 | Number of shares, for which valid votes have been casted (= 62.13% of the share capital) | ||
| 25,671,622 890,037 | Votes in favor Votes against | 96.65% 3.35% | |
| 8. | Passing of a resolution on the cancellation of the existing Authorised Capital and creation of new Authorised Capital, and on the amendment of Article 5 (4) of the Company’s Memorandum and Articles of Association and the revocation of Article 5 (6) of the Memorandum and Articles of Association | ||
| 26,806,328 | Number of shares, for which valid votes have been casted (= 62.70% of the share capital) | ||
| 26,117,278 689,050 | Votes in favor Votes against | 97.43% 2.57% | |
| 9. | Passing of a resolution on the authorisation of the Management Board to issue convertible bonds and/or bonds cum warrants, on the creation of new Conditional Capital and on the amendment of Article 5 (5) of the Company’s Memorandum and Articles of Association | ||
| 26,806,329 | Number of shares, for which valid votes have been casted (= 62.70% of the share capital) | ||
| 23,936,384 2,869,945 | Votes in favor Votes against | 89.29% 10.71% | |
| 10. | New elections to the Supervisory Board | ||
| a.) | Christian Graf von Bassewitz, qualified business manager (Diplom Kaufmann), Dusseldorf | ||
| 26,765,243 | Number of shares, for which valid votes have been casted (= 62.60% of the share capital) | ||
| 26,285,996 479,247 | Votes in favor Votes against | 98.21% 1.79% | |
| b.) | Mr Erwin Flieger, insurance broker, Geretsried | ||
| 26,615,780 | Number of shares, for which valid votes have been casted (= 62.25% of the share capital) | ||
| 25,249,730 1,366,050 | Votes in favor Votes against | 94.87% 5.13% | |
| c.) | Mr Manfred Behrens, lawyer, Hanover | ||
| 26,753,175 | Number of shares, for which valid votes have been casted (= 62.57% of the share capital) | ||
| 26,698,877 54,298 | Votes in favor Votes against | 99.80% 0.20% | |
| d.) | Dr Herbert Lohneiß, physicist, Gräfelfing | ||
| 26,751,475 | Number of shares, for which valid votes have been casted (= 62.57% of the share capital) | ||
| 26,711,771 39,704 | Votes in favor Votes against | 99.85% 0.15% | |
| e.) | Mr Joachim Neupel, qualified business manager (Diplom Kaufmann), Meerbusch | ||
| 26,754,325 | Number of shares, for which valid votes have been casted (= 62.58% of the share capital) | ||
| 26,707,698 46,627 | Votes in favor Votes against | 99.83% 0.17% | |
| f.) | Mr Hans W. Reich, bank officer, Kronberg | ||
| 26,606,475 | Number of shares, for which valid votes have been casted (= 62.23% of the share capital) | ||
| 25,332,836 1,273,639 | Votes in favor Votes against | 95.21% 4.79% | |
| g.) | Professor Dr Stephan Schüller, qualified business manager (Diplom Kaufmann), Hamburg | ||
| 26,754,875 | Number of shares, for which valid votes have been casted (= 62.58% of the share capital) | ||
| 25,920,923 833,952 | Votes in favor Votes against | 96.88% 3.12% | |
| h.) | Mr Wolf R. Thiel, jurist, Stutensee | ||
| 26,754,875 | Number of shares, for which valid votes have been casted (= 62.58% of the share capital) | ||
| 25,922,903 831,972 | Votes in favor Votes against | 96.89% 3.11% | |
| 11. | Approval of the system for the remuneration of members of the Management Board | ||
| 26,654,376 | Number of shares, for which valid votes have been casted (= 62.34% of the share capital) | ||
| 21,760,867 4,893,509 | Votes in favor Votes against | 81.64% 18.36% | |
| 12. | Amendments to the Memorandum and Articles of Association to adapt these to the German Act Implementing the Shareholder Rights Directive (”ARUG“) | ||
| a.) | Amendment to Article 15 (1) (Deadline for Convening the General Meeting) | ||
| 26,791,274 | Number of shares, for which valid votes have been casted (= 62.66% of the share capital) | ||
| 26,790,105 1,169 | Votes in favor Votes against | 99.99% 0.01% | |
| b.) | Amendment to Article 16 (2) (Authorisation of Voting Proxies) | ||
| 26,790,765 | Number of shares, for which valid votes have been casted (= 62.66 % of the share capital) | ||
| 26,789,622 1,143 | Votes in favor Votes against | 99.99% 0.01% | |