- +49 89 450 88 480
- wirecard@a2ocap.com
- Königsallee 30, 40212 Düsseldorf
Dear Sir or Madam,
In the insolvency proceedings of Wirecard AG as well as the guaranteeing group companies, the claims arising from the above-mentioned EUR 500 million bond with a coupon of 0.5% have been filed with the insolvency table by the joint representative appointed by the bondholders’ meeting.
Pursuant to Section 19 (3) of the German Bond Act (Schuldverschreibungsgesetz – SchVG), the joint representative is solely entitled and obliged to assert the rights of the bondholders in the insolvency proceedings. This includes, in particular, the filing of all claims arising from the bond in the insolvency proceedings of the Wirecard Group. With regard to the guarantee claims, this has been expressly clarified by a resolution of the bondholders’ meeting.
Against this background, additional individual filings of claims by individual bondholders are not permissible and will be disputed by the insolvency administrator at the verification hearing (Section 179 of the German Insolvency Code – InsO). We therefore recommend withdrawing such individual filings of claims.
If you are unsure whether your individual filing is affected or whether a withdrawal is advisable, we recommend a brief legal review or consultation with your advisor.
Should you require further information on the proceedings or on the role of the joint representative, please do not hesitate to contact us.
Yours sincerely,
Alpine2Ocean Capital Advisers GmbH (A2O)
Holders of the Wirecard bond are invited to vote by way of a noteholders’ meeting on certain proposed authorizations and instructions for their common noteholder representative. The proposals – available here – concern:
— an authorization and instruction to assert the noteholders‘ guarantee claims;
— an instruction to contest the claim filed by the issuer of the Wirecard convertible bond;
— an instruction to contest certain shareholder claims; and
— an authorization to deduct from distributions to noteholders expenses and an appropriate remuneration, subject to certain caps.
Timely registration by Friday, 4 June 2021, 24:00 (CEST) is required to participate in the meeting. A registration form is available here.
Due to the COVID-19 pandemic, noteholders are asked to authorize the designated proxy. The designated proxy will participate in the meeting in place of the respective noteholder and will only cast the votes according to the noteholder’s instruction. A form of voting proxy with instructions is available here.
The following procedure is recommended:
— Fill in the registration form (one separate form for each holder of record). The registration form is available here.
— Fill in the voting proxy form with instructions (one separate form for each holder of record). The voting proxy form with instructions is available here.
— Obtain a special confirmation with blocking notice from your custodian. A sample is available here.
— Submit the registration form(s) together with the special conformation, evidence of due authorization and the voting proxy form(s) with instructions by email as PDF by Friday, 4 June 2021, 24:00 (CEST) under keyword “Wirecard Bond” to versammlung@linkmarketservices.de.
The Wirecard noteholders are invited to vote on certain proposed authorizations and instructions for their common noteholder representative. The proposals – available here – concern:
— an authorization and instruction to assert the noteholders‘ guarantee claims;
— an instruction to contest the claim filed by the issuer of the Wirecard convertible bond;
— an instruction to contest certain shareholder claims; and
— an authorization to deduct from distributions to noteholders expenses and an appropriate remuneration.
Timely registration by 12 March 2021, 24:00 (CET) is required to participate in the vote. A registration form is available here.
In the noteholders‘ meeting of 13 November 2020, the holders of the EUR 500 million Wirecard bond (ISIN DE000A2YNQ58 / WKN A2YNQ5) have appointed K & E Treuhand GmbH as their common representative. The appointment resolution is available here.