Amendment of the offer

(1) The offeror may, up to one working day before expiry of the acceptance period, 1. increase the consideration, 2. offer another consideration as an alternative, 3. reduce the minimum proportion or minimum number of the securities, or the minimum proportion of the voting rights, on the acquisition of which the offeror made the effectiveness of its offer conditional, or 4. waive conditions. For observance of the period under the first sentence, the publication of the amendment under subsection (2) is decisive.
(2) The offeror must publish the amendment of the offer, drawing attention to the right of withdrawal under subsection (4), without delay in accordance with section 14(3), first sentence. The offeror must notify BaFin without delay of the publication under section 14(3), first sentence, no. 2, transmitting the published amendment of the offer. Section 14(4) applies accordingly.
(3) Section 11(1), second to fifth sentences, (3), sections 12, 13 and 15(1), no. 2 apply accordingly.
(4) In the case of an amendment of the offer, the holders of securities of the target company who accepted the offer before publication of the amendment under subsection (2) may withdraw from the contract up to expiry of the acceptance period.
(5) In the case of an amendment of the offer, the acceptance period is extended by two weeks, where the publication of the amendment takes place within the last two weeks before expiry of the offer period. This also applies where the amended offer infringes legal provisions.
(6) A renewed amendment of the offer within the two-week period named in subsection (5) is inadmissible.