ORCO Germany S.A. / Release of an announcement according to Article 21, Section 1 of the WpHG [the German Securities Trading Act] (share)
18.09.2008
Release of a Voting Rights announcement
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In the release referred to above the legal foundation stated was incorrect.
The correct legal foundation of the release is Article 26, Section 1
Sentence 1 of the WpHG (shares) and not Article 26, Section 1 Sentence 2 of
the WpHG (own shares).
The correct announcement is:
Correction of the notification according to Art. 8, 30 of the Luxembourg
Transparency Law of 11 January 2008 of ORCO Property Group S.A., Capellen,
Luxembourg of July 17, 2008, published according to § 26 para. WpHG on July
17, 2008:
ORCO Property Group S.A., Capellen, Luxemburg informed us according to Art.
8, 9 and 30 of the Luxembourg Transparency Act of January 11, 2008, that
its Voting Rights on ORCO Germany S.A., Capellen, Luxemburg, ISIN:
LU0251710041, WKN: A0JL4D via shares and via attribution of shares held by
Morgan Stanley Real Estate Fund V Turtle B.V., Netherlands, on the basis of
a voting trust agreement amounted on 11 January 2008 to 86.60% (this
corresponds to 42,237,881 Voting Rights) and exceed the threshold of 66
2/3%. Orco Property Group S.A. holds directly 57.69% (this corresponds to
28,137,881 voting rights).
Morgan Stanley Real Estate Fund V Turtle B.V., Netherlands, informed us
according to Art. 8, 9 and 30 of the Luxembourg Transparency Act of January
11, 2008, that its Voting Rights on ORCO Germany S.A., Capellen, Luxemburg,
ISIN: LU0251710041, WKN: A0JL4D via shares and via attribution of shares
held by Orco Property Group S.A., Luxembourg, on the basis of a voting
trust agreement amounted on 11 January 2008 to 86.60% (this corresponds to
42,237,881 Voting Rights) and exceed the threshold of 75%. Morgan Stanley
Real Estate Fund V Turtle B.V. holds directly 28.91% (this corresponds to
14,100,000 voting rights).MSREF V Turtle B.V is a 100% subsidiary of Morgan
Stanley Real Estate Fund V International Holdings Cooperativ, U.A.,
Amster-dam, Netherlands (COOP). COOP controls MSREF V Turtle B.V. within
the meaning of Art. 1(4)(a) of the Luxemburg Transparency Law.
All share of COOP are held by four companies:
- Morgan Stanley Real Estate Fund V International-T, L.P., New York, USA
(MSREF V INT.-T LP);
- Morgan Stanley Real Estate Fund V Special International, L.P., New York,
USA (MSREF V SPECIAL INT. LP);
- Morgan Stanley Real Estate Investors V International, L.P., New York, USA
(MSREF V INT. LP;
- Morgan Stanley Real Estate Fund V TE Holding B.V., Amsterdam, Netherlands
(MSREF V TE HOLDING BV).
There is no shareholder agreement between these four companies. None of the
four companies holds a controlling stake in COOP or otherwise has the power
to exercise a dominant influence or control COOP. However, the general
partner of MSREF V INT.-T LP, MSREF V SPECIAL INT. LP und MSREF V INT. LP
is Morgan Stanley Real Estate Fund V International-GP, L.L.C., New York,
USA (MSREF V International-GP, L.L.C.) and MSREF V TE HOLDING B.V. is 100%
held by Morgan Stanley Real Es-tate Fund V International-TE LP (MSREF V
INT-TE, LP) whose general partner is also MSREF V International-GP, L.L.C.
MSREF V International-GP, L.L.C. controls COOP within the meaning of Art.
1(4)(d) of the Luxemburg Transparency Law.
MSREF V International-GP, L.L.C. is controlled (within the meaning of Art.
1(4)(a) of the Luxemburg Transparency Law) by Morgan Stanley Real Estate
Fund V, L.L.C., New York, USA (MSREF V, L.L.C.).
MSREF V, L.L.C. is controlled (within the meaning of Art. 1(4)(a) of the
Luxemburg Transparency Law) by Morgan Stanley Real Estate Fund, Inc., New
York, USA (MSREF V, Inc.).
MSREF V, Inc. is controlled (within the meaning of Art. 1(4)(a) of the
Luxemburg Transparency Law) by Morgan Stanley.
DGAP 18.09.2008
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Language: English
Issuer: ORCO Germany S.A.
40, Parc d'Activités Capellen
8308 Capellen
Luxemburg
Internet: www.orcogermany.de
End of News DGAP News-Service
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DGAP-PVR: ORCO Germany S.A.: Correction of the release according to Article 26, Section 1 of the WpHG [the German Securities Trading Act] on 16.09.2008 - 4:37 pm - with the objective of Europe-wide distribution
| Source: EQS Group AG