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Today, Wavin - Jaarverslag.com

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<strong>Wavin</strong> Annual Report 2010 | page 141OtherinformationAppropriation of result as provided for by the Articles of AssociationAllocations of profitArticle 22.1. The <strong>com</strong>pany may make distributions to the shareholders and other persons entitled to the distributable profi ts only to theextent that the <strong>com</strong>pany’s shareholders’ equity exceeds the sum of the paid-in capital and the reserves which it is required bylaw to maintain.2. If the adopted profi t and loss account shows a profi t the Management Board shall determine, subject to prior approval ofthe Supervisory Board, which part of the profi ts shall be reserved.3. To the charge of the profi t, as this appears from the adopted profi t and loss account, to the extent not reserved inaccordance with paragraph 2 of this article:• fi rst of all, on the preferred shares a dividend will be distributed to the amount of a percentage on the amount paid on thoseshares, which equals twelve months ‘EURIBOR’, as published by De Nederlandsche Bank N.V. – calculated according to thenumber of days the rate applied – during the fi nancial year to which the distribution relates, increased by two percentagepoints. If and to the extent that the profi t is not suffi cient to fully make a distribution meant afore in this paragraph, the defi citshall be paid from the reserves. In case of cancellation with repayment of preferred shares, on the day of repayment adistribution shall be made on the cancelled preference shares, which distribution shall be calculated to the extent possible inaccordance with the provision referred to above and with regard to the current fi nancial year to be calculated time wise overthe period from the fi rst day of the current fi nancial year, or if the preferred shares have been issued after such day, as fromthe day of issue, until the day of repayment without prejudice to the provisions of article 2:105 paragraph 4 Dutch Civil Code.In the event that in an fi nancial year the profi t or the distributable reserves (as the case may be) are not suffi cient to make thedistributions meant above in this article, the provisions above shall apply over the following fi nancial years until the defi cit hasbeen cleared;• secondly, the part of the profi t remaining after application of the fi rst bullet shall be at the disposaI of the general meeting.4. After the approval of the Supervisory Board, the Management Board may make interim distributions only to the extent thatthe requirements set forth in paragraph 1 above are satisfi ed as apparent from an (interim) fi nancial statement drawn up inaccordance with the law.5. After the approval of the Supervisory Board, the Management Board may decide that a distribution on shares is not madeentirely or partly in cash, but rather in shares in the <strong>com</strong>pany.6. On the re<strong>com</strong>mendation of the Management Board, subject to the approval of the Supervisory Board, the general meetingmay decide to make payments to holders of shares from the distributable part of the shareholders’ equity.7. Any claim a shareholder may have to a distribution shall lapse after fi ve years, to be <strong>com</strong>puted from the day on which sucha distribution be<strong>com</strong>es payable.Proposal for profit allocationWith observance of article 22, of the Articles of Association, it is proposed that for 2010 no dividend on ordinary shares willbe distributed.

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