Merger resolutions

The by-laws of the new company will take effect only if the holders of shares in each of the legal entities being acquired consent to such by-laws by adopting the merger resolution. This applies accordingly to the appointment of the members of the supervisory board of the new company, inasmuch as they are to be elected pursuant to section 31 of the Stock Corporation Act. Section 124 subsection (2) sentence 3 and subsection (3) sentences 1 and 3 of the Stock Corporation Act is to be applied accordingly to a stock corporation being acquired.