Claim to interest

The offeror is obliged to pay interest to the shareholders of the target company, for the duration of the infringement, on the consideration at a rate of five percentage points per annum above the respective base rate under section 247 of the German Civil Code, where 1. it fails to make a publication under section 10(3), first sentence contrary to section 35(1), first sentence, 2. it fails to make an offer under section 14(3), first sentence contrary to section 35(2), first sentence, or 3. an offer within the meaning of section 35(2), first sentence has been prohibited as to it under section 15(1), no. 1, 2 or 3.