Primus Telecommunications GmbH,
Unnamed street ??, 80331 Munich, Germany
. On September 28, 2012, the company submitted a draft merger plan for its merger with Primus Telecommunications Europe B.V., based in Amsterdam/ the Netherlands (Commercial Register of the Dutch Chamber of Commerce No. 24272591). The rights of the creditors of the transferring German
Primus Telecommunications GmbH derive from
§ 122j UmwG. According to that agreement, the creditors of the
Primus Telecommunications GmbH involved in the merger must be provided with security, unless they can demand satisfaction. However, creditors shall only be entitled to this right if, within two months of the date on which the draft merger plan was announced, they declare in writing their claim on the basis of the amount and demonstrate that the merger jeopardises the fulfilment of their claim. In addition, creditors shall have the right to collateral only in respect of such claims arising before or up to 15 days after the publication of the draft merger plan. The claim must be asserted directly against the
Primus Telecommunications GmbH under their
Unnamed street ??, 80331 München, Germany
. For this purpose, a precise description of the claims underlying the claim is required, so that individualization is possible without further investigation. It should be noted that the guarantee must be required no later than two months after the publication of the draft merger plan by the commercial register of the
Primus Telecommunications GmbH. In addition, full information on the arrangements for exercising creditors' rights may be obtained free of charge at the abovementioned address. The creditors of the acquiring Dutch company Primus Telecommunications Europe B.V. may exercise and assert their rights with the latter at its business address Stravinskylaan 601, 1077 XX Amsterdam, The Netherlands, and may also obtain complete information on all the arrangements for the exercise free of charge.