Investor Releases
In the law suit
filed by two minority shareholders on May 23, 2008, the first instance Court
rendered, on May 13, 2009, the resolutions (except for one procedural
resolution) passed by the AGM on April 25, 2008 ineffective. The resolutions
rendered ineffective included the resolution on dividend payment. We had
previously paid dividends to our shareholders as approved by the AGM on April
25, 2008.
The law firm
representing Magyar Telekom submitted an appeal against the first instance
ruling, but the appeal was filed after the deadline. The law firm filed a
request for acceptance of the late appeal, which request has not yet been
decided upon by the second instance Court, which is authorized to do so. In the
event the request will be refused by the second instance Court, the appeal will
not be taken into consideration and the first instance ruling dated May 13,
2009 will be final and enforceable. In such case, we will address the ruling by
passing confirmatory shareholders’ resolutions with respect to the resolutions
in question.
As the above
mentioned first instance ruling (if becomes final and enforceable) will render
the shareholders’ resolutions in question (including the resolution on
dividend) ineffective from the date as of which the enforceability of the
ruling starts, i.e. from July 7, 2009, the dividend for year 2007 paid by July
6, 2009 will continue to qualify as dividend even in the event the first
instance ruling becomes final and enforceable, i.e. the ruling does not result
in any obligation of, nor requires any action by, the shareholders. (According
to our records, the amount of dividend for year 2007 that was not paid until
July 6, 2009 is HUF 17,385,412 out of the total dividend of HUF 77,051,913,476).
We cannot fully
exclude that the Company will be required to take other time-consuming and/or
expensive corrective actions. Also, we cannot exclude that the matter would
have other unforeseen detrimental effects on the Company.
Forward-looking statements involve inherent risks and uncertainties. We caution you that a number of important factors could cause actual results to differ materially from those contained in any forward-looking statement. Such factors are described in, among other things, our Annual Report on Form 20-F for the year ended December 31, 2008 filed with the U.S. Securities and Exchange Commission.
