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Acquisition: Stadtwerke Osnabrück AG · Spin-off: Stadtwerke Osnabrück AG Hrb8 Dec 2009 German Trade Register Announcements, Germany (03/12/2009)

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smart OPTIMO GmbH & Co. KG,
Unnamed street ??, 49074 Osnabrück, Germany
. In accordance with the spin-off and takeover agreement of June 25, 2009 and the approval decisions of its shareholders' meeting of June 25, 2009 and the general meeting of the transferring entity on June 17, 2009, adjusted by declaration of August 5, 2009, the company acquired part of the assets (metering and measurement division) of the Stadtwerke Osnabrück AG, based in Osnabrück (Amtsgericht Osnabrück HRB 1201) a.s. a whole by means of the conversion. The spin-off shall only become effective upon registration on the register sheet of the transferring entity. A/S not registered: the creditors of the entities participating in the spin-off must be declared in writing if, within six months of the date on which the entry of the spin-off in the register of the holder of the office of the holder of which they are, is deemed to be disclosed in § 19 Abs. 3 UmwG, they must declare their claim on the basis of reason and amount in writing, unless they can claim satisfaction. However, creditors are only entitled to this right if they demonstrate that the spin-off jeopardises the fulfilment of the claim.

This filing was translated from German to English. The filing refers to a past date, and does not necessarily reflect the current state. The current state is available on the following page: smart OPTIMO GmbH & Co. KG, Osnabrück, Germany.

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