Atari 2010 Annual Report Download - page 150

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ANNUAL FINANCIAL REPORT – REGISTRATION DOCUMENT
150
(3) Issue of 145 new shares on exercise of the June 2005 stock warrants.
(4) Issue of 6,229,505 new shares as consideration for the transfer of all of the shares in Humongous, Inc. on August 22, 2005.
(5) Share issue carried out in connection with the adjustment of the par value of the Company’s shares from €0.609796069 to €0.01,
as authorized in the seventeenth resolution of the Extraordinary Shareholders’ Meeting held on November 15, 2006.
(6) Issue of 524,898,656 new shares with a par value of €0.01 each, in consideration for the tender of 16,403,083 OCEANE 2003-
2009 bonds to the simplified exchange tender offer that ran from February 12 to March 9, 2007.
(7) Exercise of warrants granted by the Company to its shareholders and to The BlueBay High Yield (Master) Fund and The Sark
Master Fund as authorized at the Extraordinary Shareholders’ Meeting of November 15, 2007. The warrants are exercisable until
December 31, 2009 and a statement disclosing the number of warrants exercised will be drawn up at the end of each quarter.
(8) Exercise of 50 million warrants by BlueBay Value Recovery (Master) Fund.
(9) Issue of 340,896 new shares on exercise of the warrants.
(10) Issue of 158,032 new shares on exercise of the warrants.
(11) Exercise of warrants granted by the Company to its shareholders and to The BlueBay High Yield (Master) Fund and The Sark
Master Fund as authorized at the Extraordinary Shareholders’ Meeting of November 15, 2007. The warrants are exercisable until
December 31, 2009 and a statement disclosing the number of warrants exercised will be drawn up at the end of each quarter.
(12) Exercise of 50 million warrants by BlueBay Value Recovery (Master) Fund.
(13) Issue of 98,674 shares to redeem 11,077 ORANE bonds on May 14, 2008. On December 19, 2007, pursuant to the authorization
granted in the tenth resolution of the Extraordinary Shareholders’ Meeting of November 15, 2006, the Company issued 1,500,000
bonds redeemable for new or existing shares, all of which were taken up (prospectus registered with the AMF on December 19, 2007
under no. 07-485.
(14) Pursuant to the authorization granted in the tenth resolution of the Extraordinary Shareholders’ Meeting of November 15, 2006,
issue of (i) 851 shares on exercise of “2006-2007” warrants and (ii) 20,299 shares to redeem “ORANE 2008” bonds.
(15) Pursuant to the authorization granted in the twenty-fourth resolution of the Extraordinary Shareholders’ Meeting of
September 25, 2008, issue of (i) 2,349 shares on exercise of “2006-2007 warrants” and (ii) 5,422 shares to redeem “ORANE 2008”
bonds.
(16) Pursuant to the authorization granted in the second resolution of the Extraordinary Shareholders’ Meeting of January 19, 2009,
issue of (i) 75 shares on exercise of “2006-2007 warrants” and (ii) 134 shares on exercise of “2009 warrants”.
(17) Pursuant to the authorization granted in the fourth resolution of the Extraordinary Shareholders' Meeting of January 19, 2009,
issue of 36 shares on conversion of “2011 OCEANE” bonds.
(18) Pursuant to the authorization granted in the second resolution of the Extraordinary Shareholders’ Meeting of January 19, 2009,
issue of (i) 458 shares on exercise of “2006-2007 warrants”, (ii) 187 shares on exercise of “2009 warrants” and (iii) 36,482 shares to
redeem “ORANE 2009” bonds issued in connection with the simplified public exchange offer carried out in February 2009. Pursuant to
the authorization granted in the first resolution of the Extraordinary Shareholders’ Meeting of January 19, 2009, issue of 172,940
shares to redeem “ORANE 2009” bonds issued in connection with the ORANE-BSA issue carried out in January 2009.
(19) Pursuant to the authorization granted by the annual shareholders meeting of January 19, 2009, 7 610 895 new shares have been
issued in connection with the free warrant issue in January 2010 (as described in the prospectus filed with the AMF under visa n]09-
367 as of December 2009).
(20)Premium figures do not include the amount of the monetary compensation if any, which is decreasing the amount of the issuance
premium.
(21) Cumulated data of transactions occurred in February and March 2010.
STOCK OWNERSHIP AND VOTING RIGHTS
As of March 31, 2010, the Company’s shareholders were entitled to an aggregate of 21,129,141 votes. The data below
were prepared on the basis of information obtained from the registrar.
To the best of the Company's knowledge, share ownership and voting rights broke down as follows as of
March 31, 2010:
Ownership
Number of
shares (%)
Number of
voting rights
(%)
BlueBay
(1)
4,044,891 19.2%
(3)
4,044,891 19.1%
Public
(2) (3)
9,222,613 80.8% 9,243,663 80.9%
Total
21,113,623
100.00%
21,129,141
100.00%
(1) Through the BlueBay funds. As of March 31, 2010, on a fully-diluted basis, BlueBay owns 63.94% of the Company’s shares
and 63.93% of the voting rights.
(2) Including GLG, which notified the Company that it had sold a portion of its holding on May 8, 2009, bringing it to 483,245
Company shares (or 3.64 percent of those outstanding on that date) and 483,245 voting rights (or 3.64 of shareholder’s voting
rights as of September 30, 2009).
(3) Including 26,070 treasury shares, out of which 23,600 shares in the liquidity contract and 2,470 treasury shares.
The Company's principal shareholders have the same voting rights as all other shareholders.
To the best of the Company's knowledge, as of March 31, 2010, no other shareholder owned, alone or in concert, 5% or
more of the shares or voting rights.
CROSSING OF REPORTING THRESHOLDS IN THE PERIOD FROM MARCH 31, 2009 TO
JUNE 30, 2010
As required by the Company's Articles of Incorporation, which provide that any ownership of 2% or more of the shares or
voting rights must be reported, the Company was notified of the following changes in share ownership during the period: