(1) The management board may issue the shares of a new issue only by way of fulfilling the purpose specified in the resolution adopted as to the conditional capital increase, and may not do so prior to the full performance of the equivalent value as set out in the resolution.
(2) The management board may issue shares of a new issue in return for convertible bonds only if the difference between the issue price of the bonds submitted to be exchanged and the higher minimum issue price of the shares of a new issue to be allotted in return for them is covered by other retained earnings, insofar as they may be used for this purpose, or by an additional payment to be made by the person entitled to exchange the bonds. This does not apply if the total price at which the bonds have been issued is at least equivalent to the minimum issue price of the shares of a new issue overall or is higher.