Onder 2.7. Rechtbank Amsterdam 20 juli 2017

In een gezamenlijk opgesteld Statement van 20 juli 2017 hebben gedaagden 1 tot en met 4 onder meer het volgende opgenomen: Under the Agreement the Parties are only obliged (…) to pay any amount into the capital of the Issuer if and when any Additional Capital is required as a direct and only consequence of the Subscriber and the Issuer succesfully undertaking activities on the Dutch financial market by providing mortgages to Dutch parties and, in such event, only to the extent that such activities in itself would require Additional Capital of the Issuer. The envisaged joint activities of the Subscriber and Issuer on the Dutch financial market as mentioned above were laid down in two business plans containing a five years operational planning. Due to unforseen circumstances (…) the planning has not been met, as a result of which none or only some of the envisaged joint activities (…) have taken place, for which activities no or only little Additional Capital was required (and, as far as required, such Additional Capital was provided).

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