1. Report of the management board of SolarWorld AG on the status of the restructuring process
No resolutions have been tabled under this agenda item.
2. Resolution on the appointment of a Holders’ Representative for all noteholders
SolarWorld AG proposes to the noteholders that the following resolution be adopted:
“G&P GmbH & Co. KG, with registered office in Munich, registered in the commercial register of the Munich Local Court under HRA 86755, represented by its managing director Frank Günther, (business address: Theatinerstr. 36, 80333 Munich, Germany) is appointed as the Holders’ Representative of all noteholders.
The scope of his rights and duties are determined by the terms of the SchVG. The Holders’ Representative is entitled to exercise the rights of the noteholders. The individual noteholders are not entitled to exercise such rights themselves independently.
The Holders’ Representative shall receive a reasonable compensation. The liability of the Holders’ Representative shall be limited to wilful misconduct (Vorsatz) and gross negligence (grobe Fahrlässigkeit). Liability for gross negligence is limited to an amount of EUR 1 million (in words: one million Euros).”
SolarWorld AG clarifies that according to the resolution the Holders’ Representative is not authorized to agree with measures according to Sec. 5 (3) Nos. 1 through 10 SchVG.
A short presentation of the candidate can be found on FAQ's on question 8.
The invitation to the second noteholders‘ meeting (representative of all noteholders) of note ISIN: XS0478864225 // WKN A1CR73 (2010/2017) including all agenda items can be downloaded as pdf-file here.