its.on Verwaltungs-GmbH, food (
Unnamed street ??, 45127 Essen, Germany
). On the basis of the merger agreement of June 21, 2005 and the approval decision of its shareholders' meeting of July 27, 2005 with the
Degussa AG based in Düsseldorf (
Amtsgericht Düsseldorf HRB 39635) by transferring its assets a.s. a whole to them pursuant to Section 2 (Ziff) 1 UmwG merged. The merger shall only take effect upon registration on the register sheet of the acquiring entity.
Unregistered: The creditors of the companies participating in the merger shall be required to declare in writing security within six months of the date on which the entry of the merger in the register of the registered office of the company of which they are creditors is deemed to have been disclosed in writing within
§ 19 Abs. 3 UmwG six months of the date on which they are unable to request satisfaction. However, creditors are only entitled to this right if they demonstrate that the merger jeopardises the fulfilment of their claim. The creditors of the companies participating in the merger must be deemed to have declared their claim in writing in writing within six months of the date on which the registration of the merger in the register of the registered office of the entity of which they are creditors is deemed to have been made known in accordance with Paragraph 19 (3) of the UmwG, provided that they cannot claim satisfaction. However, creditors are only entitled to this right if they demonstrate that the merger jeopardises the fulfilment of their claim.