On October 6, 2014, ACS, Actividades de Construcción y Servicios, S.A. ("ACS"), provided us with a notification of instruments according to Section 25a para. 1 of the German Securities Trading Act ("WpHG") which we have published according to Section 26 para. 1 sentence 1 WpHG today. Pursuant to the notification, ACS entities have slightly increased their stake in HOCHTIEF and as of October 2, 2014 hold 60.66% of the voting rights in HOCHTIEF.
As this notification could possibly be misunderstood, we want to clarify that ACS entities have neither increased their stake in HOCHTIEF to 75.09% nor secured 75.09% of the voting rights in HOCHTIEF.
In addition, ACS has entered into an agreement with its wholly-owned subsidiary Cariàtide, S.A. ("Cariàtide") on the basis of which up to 14.43% of the shares in HOCHTIEF held by ACS or Cariàtide may - under certain circumstances - be transferred from ACS to Cariàtide and vice versa.
This intra-group agreement qualifies for ACS as instruments within the meaning of Section 25a WpHG relating to 14.43% in the aggregate. Due to applicable legal provisions, in the notification pursuant to Section 25a para. 1 WpHG the voting rights subject to the above-mentioned intra-group instruments held by ACS entities (14.43%) had to be aggregated with the voting rights of ACS entities in HOCHTIEF (60.66%). Even if such instruments are settled (in full or in part), the total number of voting rights of ACS entities in HOCHTIEF would not be changed as a consequence of such settlement.