The Executive Board of Gigaset AG has today received a letter signed by lawyers of Goldin Fund Pte. Ltd (In Liquidation) and Giant Achiever Holdings Limited requesting a postponement of the Annual General Meeting convened for tomorrow, 15 June 2023.
As the shares in question held by Goldin Fund Pte. Ltd. (In Liquidation) (72.32 % of the shares in Gigaset AG) were only registered after the registration deadline on 8 June 2023 (24:00 hours), they could not be admitted to the Annual General Meeting for reasons of equal treatment of shareholders. The reason for the late registration shall be a pending legal dispute between Goldin Fund Pte. Ltd. (In Liquidation) and Giant Achiever Holdings Limited regarding the ownership of the shares held by Goldin Fund Pte. Ltd. (In Liquidation). As part of an interim arrangement, a court order is cited according to which rights from the shares in Gigaset AG held by Goldin Fund Pte. Ltd. (In Liquidation) would only be exercised by agreement between the parties.
From the Executive Board's point of view, a postponement, i.e. a cancellation and reconvening of the Annual General Meeting at a later date, is currently not considered beneficial to the company. The Executive Board therefore feels obliged not to comply with the request for a postponement of the Annual General Meeting. Resulting in that the Executive Board decided to perform the Annual General Meeting as planned.
However, in the view of the Executive Board, it cannot be ruled out that, in the course of a future general meeting of the Company, any resolutions of the general meeting convened for tomorrow, 15 June 2023, will be amended again. In the letter from Goldin Fund Pte. Ltd. (In Liquidation) and Giant Achiever Holdings Limited, it is pointed out that, depending on the outcome of tomorrow's Annual General Meeting, the convening of such an Extraordinary General Meeting may also be pursued, which would result in any resolutions passed being reversed.