Onder 2.5 Gerechtshof Amsterdam 30 augustus 2016

“ Subject to the Offer having been declared unconditional ( gestand gedaan) , Renaissance Construction will procure a capital contribution to the Company in the amount of EUR 47,600,000 (…). The Capital Contribution will take place as follows: (a) in the event that after the settlement of Depositary Receipts tendered in the Post Acceptance Period, less than 95% (…) of the issued share capital of the Company is held by Renaissance Construction, or a percentage of the Depositary Receipts equal thereto, the Capital Contribution will be in the form of a rights issue by the Company to its existing Depositary Receipts Holders at that time for a total amount of EUR 20 million (…), the terms and conditions of which are to be determined by the Company and Renaissance Construction in good faith (…) and a subsequent private placement for the amount of EUR 27.6 million (…) and at a discount of 30% (…) to the theoretical ex-rights price of the Rights Issue (…). (…). In the Rights Issue (i) all holders of Depository Receipts, subject to applicable securities laws restrictions, shall be granted the opportunity to participate, (ii) the Offeror shall participate in the Rights Issue through the exercise of all rights granted to it, and (iii) the Offeror shall subscribe and pay for any new Depositary Receipts not subscribed for by other holders of Depositary Receipts. Renaissance Construction’s obligation to procure the contribution of an amount equal to EUR 47,600,000 (…) shall be reduced by the amount of capital contributed to the Company by any other Depository Receipt holder or holders of rights in the Rights Issue. Renaissance Construction will finance the Capital Contribution with available cash in hand. ”

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