EQS Post-admission Duties announcement: EVN AG / Publication according to § 119 (9) BörseG
EVN AG: Other admission duties to follow
12.06.2024 / 18:07 CET/CEST
Dissemination of a Post-admission Duties announcement transmitted by EQS News – a service of EQS Group
AG.
The issuer is solely responsible for the content of this announcement.
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Publication of the planned disposal of own shares and the corresponding resolution of the Management
Board
The Management Board of EVN AG (“Company”) has been repeatedly authorised by the General Meeting to
acquire own shares, most recently by a resolution of the General Meeting dated 21/01/2016. Based on these
authorisations, the Company has acquired own shares on several occasions. Most recently, on 21/01/2016
the Management Board of the Company passed a resolution based upon the authorisation granted by the
General Meeting dated 21/01/2016 to acquire own shares of the Company amounting to a volume of up to
1,000,000 shares – representing up to 0.556% of the Company’s share capital – through the Vienna Stock
Exchange. The corresponding buyback programme was launched on 28/01/2016 and terminated prematurely on
05/10/2016. At present, the Company holds in total 1,623,070 own shares.
The Company as the universal legal successor of NIOGAS Niederösterreichische
Gaswirtschafts-Aktiengesellschaft and of Niederösterreichischen
Elektrizitätswirtschafts-Aktiengesellschaft NEWAG as well as Netz Niederösterreich GmbH and EVN Wasser
GmbH as affiliated companies of the Company are obligated parties under a (terminated) shop agreement,
according to which a total of 505 employees of the Company, Netz Niederösterreich GmbH and EVN Wasser
GmbH (“Beneficiaries”) are eligible for an annual special payment (“Special Payment IX”). The Company
offers Beneficiaries to be compensated for part of the Special Payment IX in shares of the Company
(“Share Offering”). Specifically, the Company offers the Beneficiaries to acquire shares in the Company
for the equivalent value of almost EUR 3,000, whereby 90% of the equivalent value of the shares received
is set off against the Special Payment IX. Based on the average closing price of EVN shares on stock
exchange trading days from week 27 to 30 (01/07/2024 till 28/07/2024), such a number of shares per
beneficiary will be calculated so that the equivalent value of all shares granted remains just under
EUR 3,000.
The Company intends to serve any Beneficiary claim that may result from the acceptance of the Share
Offering by the transfer of own shares in the Company, while excluding the repurchase right (subscription
right) of its shareholders. Reference is also made to the Management Board’s report dated 29/05/2024 on
the planned disposal of own shares which has been published in accordance with the applicable law and can
be accessed on the Company’s website under (1) http://www.evn.at/disposal-of-own-shares.
At first, the present publication announces that the Management Board has passed a resolution with regard
to the aforementioned which war agreed by the Supervisory Board with today’s resolution. And second, the
planned disposal of own shares to eligible employees is hereby announced as follows, with reference to
the following details in accordance with section 5 para. 2 of the Publication Regulation 2018:
1. Date of the authorisation resolution of the general meeting pursuant to section 65 para. 1 no. 8 of
the Austrian Stock Corporation Act: recently 21/01/2016. For the planned resale, an authorisation of
the General Meeting pursuant to section 65 para. 1b last sentence of the Austrian Stock Corporation
Act is not required since the Beneficiaries are exclusively employees of the Company or its
affiliated companies.
2. Date and type of publication of the resolution of the Management Board and the General Meeting:
21/06/2016 electronically in accordance with Article 119 para. 9 in conjunction with Article 119
para. 7 and Article 119 para. 10 of the Stock Exchange Act (or their predecessor provisions in the
Stock Exchange Act 1989, which are in essence identical as to content).
3. Start and probable duration of the disposal of own shares: 17/06/2024 to 26/07/2024 (in each case
inclusive).
4. Class of shares to which the disposal of own shares refers: no-par-value bearer shares with voting
rights.
5. Envisaged volume (number) of the disposal of own shares, in particular the proportion of the own
shares to be sold in relation to the share capital: The final volume has not been determined and is
calculated as described above. Based on the closing price of the Company’s shares on 10/06/2024, this
would result in a maximum volume of 51,510 shares, which corresponds to a proportion of 0.03% of the
share capital.
6. Highest and lowest realizable equivalent value per share: The equivalent value on which the transfer
of the shares is based is calculated as described above and has not been determined yet.
7. Class and purpose of the disposal of own shares, in particular whether the disposal will take place
on the stock exchange and/or outside the stock exchange or whether they are intended to be used for
the purposes of a stock option program: The disposal of own shares will take place OTC to employees
of the Company or of affiliated companies as outlined above.
8. Potential impact of the disposal of own shares on the listing of the Company’s shares: none.
9. Number and allocation of the stock options to be granted or that have been granted to employees,
executive employees or members of the Management Board and Supervisory Board of the Company: not
applicable because no such options have been or will be granted.
The Company will publish all further details in connection with the disposal of the shares in accordance
with Sections 6 and 7 of the Publication Regulation 2018 on the Company’s website under
(2) http://www.evn.at/disposal-of-own-shares.
Maria Enzersdorf, 12/06/2024
The Management
Board
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12.06.2024 CET/CEST
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Language: English
Company: EVN AG
EVN Platz
2344 Maria Enzersdorf
Austria
Internet: www.evn.at
End of News EQS News Service
1923579 12.06.2024 CET/CEST
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