Call up to the shareholders of ERIKS nv
TO THE HOLDERS OF SHARES IN THE PUBLIC COMPANY ERIKS N.V. - PUBLIC SERVICE AND ANNOUNCEMENT OF CONSIGNMENTBy writ dated 6 October 2010, at the request of Eriks International B.V. (formerly named SHV Alkmaar B.V.), having its registered office in Alkmaar and its place of business at Arcadialaan 14 V Build. 32 C, 1813 KN Alkmaar, the Netherlands (Eriks International), the original of a ruling by the Amsterdam Court of Appeal, Enterprise Section, dated 21 September 2010 (cause-list number 200.055.634/01 OK) was served on (i) Ms M.E. van den Bosch-Wit, previously residing at Bagijnenstraat 8 in Alkmaar, the Netherlands, currently having no known residence or domicile, both in and outside the Netherlands, (ii) Mr M.W. van Bronkhorst, previously residing at Holleweg 107 in Heiloo, the Netherlands, currently having no known residence or domicile, both in and outside the Netherlands, and (iii) the joint, unknown other holders of shares in the capital of the public company ERIKS N.V., residence or domicile unknown, with an order for the aforementioned shareholders to transfer their shares to Eriks International against payment by Eriks International of a price of €48 per ordinary share at 21 September 2010, stipulating that as long as and in so far as this price has not been paid, it will be increased by statutory interest as from 21 September 2010 until the date of transfer.
The aforementioned shareholders are invited to offer and transfer to Eriks International their shares effective 26 October 2010, and to take receipt of the amount referred to below in their account in exchange for discharge. For that reason, Eriks International offers the aforementioned shareholders payment of €48,15 per share, which is €48 per share plus statutory interest from 21 September 2010 to 27 October 2010. Holders of registered shares in ERIKS N.V. should offer their shares ultimately on 20 October 2010 to Eriks International, care of SHV Holdings N.V., P.O. Box 2065, 3500 GB Utrecht, The Netherlands, for the attention of Mr. F.H. Rebel, tel. +31 30 2338380, e-mail firstname.lastname@example.org. Holders of dematerialised shares in ERIKS N.V. should offer their shares ultimately on 22 October 2010 via their bank or stockbroker for transfer at ING Bank N.V., EGSP 29710, sub account 2024705007.
These shareholders are also notified that, on 27 October 2010 at 10:00 a.m., the sum of €48,15 per ordinary share will be given in consignment for all shares not offered within the aforementioned periods, through transfer to Royal Bank of Scotland by the Ministry of Finance (Consignment Department, P.O. Box 20201, 2500 EE The Hague, the Netherlands), number 220.127.116.11, held with the reference “Consignment Cash – Eriks buy-out”. As from the latter date, all rights on the shares will pass unencumbered to Eriks International and any attachments and rights in rem will continue to apply to the amount thus paid into consignment.
A copy of the writ and the ruling may be obtained from mr. M. van Hooijdonk, Allen & Overy LLP, Apollolaan 15, 1077 AB Amsterdam, the Netherlands, tel. +31 (0)20 674 1329, fax +31 (0)20 674 1959.