The Company may at no time possess more than 10% of its own share capital. Currently the Company already holds some 6.93% of the share capital with its 3,244,714 own shares. Therefore the Management Board has decided to use its authorization granted by the annual general meeting of August 28, 2007 to draw 3.244.714 shares without par value of the Company, acquired through a shares buyback programme via the stock exchange and a followup public buyback offer until February 20, 2009, after the annual general meeting of August 19, 2010.
BankM, Repräsentanz der biw Bank für Investments und Wertpapiere bank will manage this share buyback programme and decide the timing of the individual repurchases independently of and uninfluenced by 3U HOLDING AG. The share repurchases will be carried out in conformity with the provisions of § 20a WpHG and the Regulation to Further Define the Prohibition against Market Manipulation (MaKonV), as well as in accordance with socalled safe harbour rules. The price offered per share (without incidental buying costs) in the scope of the share buyback may not exceed the closing price of the share in XETRA trading on the Frankfurt Securities Exchange on the trading day preceding the buyback by more than 10 %, nor be more than 25 % below it.