Information for the bondholders of SolarWorld AG

(WKN A1YCN1 und WKN A1YDDX)

Dear creditor of the SolarWorld AG Bonds with the WKN: A1YCN1 and WKN: A1YDDX,

As announced in our DGAP dated 23 June 2021, we invite you to a vote without meeting during the period
9 September 2021 to 12 September 2021.
The background to the invitation is that the Secured Creditors of SolarWorld AG, which include the bondholders, have received shares in Zinnwald Lithium PLC in connection with the sale of the 50% stake in Deutsche Lithium GmbH by the insolvency administrator.

It must now be decided how to proceed with these Zinnwald shares. If the shares are offered to all bondholders, a securities prospectus would probably have to be prepared, which would produce considerable costs. This procedure could be uneconomical. Moreover, the costs would have to be covered at the expense of the bondholders.

The joint representatives of the bondholders therefore propose a solution whereby only a portion of the shares is offered directly to certain bondholders (which would be possible without a prospectus), while the remainder is realised in the best possible way for the benefit of the remaining bondholders and those who do not accept the offer. The proceeds less the realisation costs will be paid out in cash.
For more information on the proposed resolutions, please see the Invitation to Vote and the Frequently Asked Questions (“FAQs”).

Please select which bond you hold to receive targeted information for your bond:

The following documents are exclusively addressed to the bondholders of the bond SolarWorld Bearer Bond 14(14-19) Series 1017, ISIN: DE000A1YCN14 / WKN: A1YCN1 in the total nominal amount of EUR 174.844.355,15.

Please direct your vote so that it is received there during the Voting Period (i.e. neither too early nor too late) by post, fax or e-mail or otherwise in text form to the following address:

G&P GmbH & Co. KG
Voting manager –
“SolarWorld Bond 2014/2019-2: Vote without Meeting”

c/o One Square Advisors GmbH
Theatinerstr. 36, 80333 München

Tel.: +49 (0) 89 159898 0
Fax: +49 (0) 89 159898 22
E-Mail: solarworld@onesquareadvisors.com 

The following documents must be enclosed with the voting form:

1.the Special Evidence of your bondholder status issued by your custodian bank with a Blocking Notice for the duration of the Voting Period.
2.a power of attorney
if you do not vote yourself but are represented by a third party during the Vote without Meeting. You can find a template here. Please check carefully that you use the documents for your bond in each case, as your vote may otherwise be invalid. If you hold both bonds, please use the appropriate forms for each bond.

Alternatively, as of now, a power of attorney to exercise voting rights (as described in more detail in Sec. III.6 of the invitation to vote) can be issued to One Square Advisors GmbH as proxy, which will then vote on your behalf in accordance with your instructions. In this case, too, a Special Evidence with Blocking Notice must be submitted or transmitted within the Voting Period.

Invitation to vote without meeting

IMPORTANT QUESTIONS CONCERNING THE BONDHOLDERS’ MEETING

regarding the

SolarWorld Bearer Bond 14(14-19) Series 1017,
ISIN: DE000A1YCN14 / WKN: A1YCN1
(„SolarWorld Bond 2014/2019-2”)

of

SolarWorld Aktiengesellschaft i.L., Bonn
(„Issuer“ or „Company“)

Privacy Policy

Introduction

Since May 25, 2018, Regulation (EU) 2016/679 (the General Data Protection Regulation resp. GDPR) has applied throughout Europe. Personal data is information that can be used to identify a person, i.e. information that can be traced back to a person. This typically includes the name, e-mail address or telephone number. However, purely technical data that can be assigned to a person is also considered personal data.

This Privacy Policy informs you about the type, scope and purposes of the collection and use of personal data in connection with the use of the website www.solarworld.de (hereinafter “website“) and the handling of the voting of the Bondholders of the SolarWorld Bonds with the WKN: A1YCN1 and WKN: A1YDDX by the Joint Representatives of the Bondholders of the two aforementioned Bonds, Alexander Elsmann and G&P GmbH & Co. KG (hereinafter “Joint Representatives”, “we” or “us”). The Joint Representatives are jointly responsible for the processing of personal data in the context of the use of the Website and are each individually responsible for the processing operations of Sec. 2 lit. a.-d., in each case in relation to the aforementioned Bonds assigned to them.

The following categories of personal data will be processed in the course of the processing of the Vote without Meeting: Names and contact details, number of Bonds held by you, information on your custodian bank; if applicable, data on a representative appointed by you, your voting behavior and any motions submitted by you. We process this data exclusively in order to fulfill our legal obligations (e.g. under the German Act on Bonds (Schuldverschreibungsgesetz – “SchVG”)). We store your data as long as this is required by legal regulations (from tax law and the German Act on Bonds). Your above-mentioned data may be forwarded to other service providers, e.g. lawyers, who assist in organizing the vote.

Contact details of the responsible persons:

Law office ELSMANN
Alexander Elsmann
as joint representative of the Bondholders of the Bond with the WKN: A1YDDX
Grafenberger Allee 120
D-40237 Düsseldorf
telephone: +49 (0)211 / 9149 145
fax: +49 (0)211 / 9149 299
e-mail: ra-elsmann@email.de

G&P GmbH & Co. KG
as joint representative of the Bondholders of the Bond with the WKN A1YCN1
Theatinerstr. 36
D-80333 Munich
contact via
One Square Advisory Services S.á.r.l.,
(an affiliate of the G&P GmbH & Co. KG)
e-mail: solarworld@onesquareadvisors.com
telephone: +49 (0)89 159898-0

Your rights

You have the right to receive information about the personal data stored about you free of charge upon request. In addition, you have the right to request the correction of incorrect data, the right to request the restriction of processing of data that has been processed too extensively and the right to request the deletion of personal data that has been processed unlawfully respectively stored for too long (insofar as this does not conflict with any legal obligation to retain data and no other reasons pursuant to Art. 17 para. 3 GDPR). In addition, you have the right to transfer all data that you have provided to us in a common file format (right to data portability), insofar as you have provided the data to us within the scope of a declaration of consent or for the fulfillment of a contract.

Objection to our processing of your data, Art. 21 GDPR

In case of processing of personal data for the performance of tasks in the public interest (Art. 6 para. 1 lit. e GDPR) or for the performance of legitimate interests (Art. 6 para. 1 lit. f GDPR), you have the right to object to the processing of your personal data at any time. The processing of personal data will then no longer take place unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

Insofar as you also have a right to object to processing, we point this out within the description of the individual procedures.

To exercise your rights, simply send an e-mail to solarworld@onesquareadvisors.com. However, you may exercise your rights against any person responsible.

In addition, you also have the right to file a complaint with a data protection supervisory authority. A list of German and European data protection authorities and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Recipients of data

Your personal data will be disclosed by the Joint Representatives to third parties bound by confidentiality obligations who assist the Joint Representatives in processing the vote without meeting, in particular to One Square Advisors GmbH, advising lawyers and the notary certifying the vote. Apart from this, we do not pass on your personal data as a matter of principle unless we expressly mention this in this Privacy Policy.

However, the website www.solarworld.de is hosted by webgo GmbH, Heidenkampsweg 81, 20097 Hamburg. Though, no personal data is generated or processed on the website – with the exception of server log files that are technically absolutely necessary for visiting the website and downloading documents (see below for this) and the possible publication of supplementary and countermotions by bondholders. The voting does not take place via the website.

The transfer of personal data to the above-mentioned service provider is based on Art. 6 para. 1 lit. f GDPR. This permissive provision allows the processing of personal data in our “legitimate interest”, unless your fundamental rights, freedoms or interests in the omission of data processing prevail. Our legitimate interest consists in the use of specialized service providers who can realize a corresponding coordination respectively hosting of the website more efficiently than we can. You may nevertheless object to this data processing at any time if there are reasons relating to your particular situation that speak against the transfer of personal data to a service provider. To do so, simply send an e-mail to solarworld@onesquareadvisors.com. However, if you object to the processing of your personal data within the scope of the vote, which is mandatory for this purpose, you will no longer be able to participate in the voting.

The respective Common Representative as voting manager (“Voting Manager“) shall receive all declarations and notifications of the Bondholders and (if applicable) the representatives of the Bondholders in the traditional manner by post, fax or e-mail or otherwise in text form. The processing of personal data by the Voting Manager is based on Art. 6 para. 1 lit. c GDPR. This permissive provision allows the processing of personal data in the context of the fulfillment of legal obligations. Pursuant to Sec. 18 para. 2 SchVG, the voting process is managed by the Voting Manager, which requires the processing of declarations and notifications made to him.

Disclosure to recipients outside the EEA

We do not share your personal data with recipients located outside the EEA.

a. Server log files

We automatically collect a number of technical data (server log files) each time the website is accessed, which are personal data.
These are:

• IP-address of the user
• Name of the retrieved web page resp. file
• Date and time of access
• Volume of data transferred
• Message about successful retrieval
• Browser type and version
• Operating system of the user
• End device used by the user, including MAC address
• Referrer URL (the previously visited page)

We collect server log files for the purpose of administering the website and being able to detect and prevent unauthorised access.

Legal basis

The personal data in log files are processed on the basis of Art. 6 para. 1 lit. f GDPR. This permissive provision allows the processing of personal data within the scope of the “legitimate interest” of the responsible person, unless your fundamental rights, freedoms or interests are overridden. Our legitimate interest is the easier administration and the possibility to detect and prosecute hacking. You can object to this data processing at any time if there are reasons that exist in your particular situation and that speak against the data processing. For this purpose, it is sufficient to send an e-mail to solarworld@onesquareadvisors.com.

What are IP addresses?

IP addresses are assigned to every device (e.g. smartphone, tablet, PC) that is connected to the Internet. Which IP address this is depends on which Internet access your end device is currently connected to the Internet via. It can be the IP address assigned to you by your Internet provider, for example, if you are connected to the Internet at home via your W-LAN. It can also be an IP address assigned to you by your mobile phone provider or the IP address of a provider of a public or private W-LAN or other Internet access. In its most common form (IPv4), the IP address consists of four blocks of digits. In most cases, you as a private user will not use a constant IP address, as this is only assigned to you temporarily by your provider (so-called “dynamic IP address”). In the case of a permanently assigned IP address (so-called “static IP address”), a clear assignment of user data is in principle easier. Except for the purpose of tracking unauthorised access to our website, we do not use this data in a personalized manner, but only evaluate on an anonymous basis which of our websites are favored, how many accesses occur daily, and similar. The website already supports the new IPv6 addresses. If you already have an IPv6 address, you should also know the following: The IPv6 address consists of eight blocks of four. The first four blocks, as with the entire IPv4 address, are typically assigned dynamically for private users. The last four blocks of an IPv6 address (so-called “interface identifiers”), however, are determined by the terminal device you use to browse the website. Unless otherwise set in your operating system, the so-called MAC address is used for this purpose. The MAC address is a kind of serial number that is assigned once worldwide for each IP-enabled device. We therefore do not store the last four blocks of your IPv6 address. In general, we recommend that you activate the so-called “Privacy Extensions” on your end device in order to better anonymize the last four blocks of your IPv6 address. Most common operating systems have a “Privacy Extensions” function, but in some cases this is not preset by default.

Duration of the data storage

The server log files with the above data are automatically deleted when they are no longer needed. We reserve the right to store the server log files for a longer period of time if facts exist that suggest the assumption of unauthorised access (such as an attempt at hacking or a so-called DDOS attack).

b. Description of the voting procedure

The main purpose of data processing is to conduct a Bondholders‘ Vote without Meeting in accordance with the SchVG. The Bondholders vote either themselves or by a representative in writing (text form pursuant to Sec 126b of the German Civil Code (Bürgerliches Gesetzbuch („BGB“). A certificate from the custodian bank of the relevant bondholder must be submitted as proof of bondholder status.

In the process, the following personal data of the Bondholders will be processed:

• Personal data (e.g. first and last name, title if applicable, address, securities account number if applicable)
• Information about Bonds held by you;
• Information about your custodian bank;
• if applicable, name and address to a representative designated by you.

The purpose of the data processing is the proper conduct of a Bondholders‘ Vote without Meeting, while safeguarding the rights of the Bondholders and our documentation obligations under the SchVG.

Procedures overview

In the context of Vote without Meeting, personal data are processed for the following procedures:

1. proof of the right to vote
2. preparation of a list of participants
3. publication of any Supplementary Motions and Countermotions by Bondholders
4. determination and recording of the voting result

For the proceedings described, Alexander Elsmann is the data protection officer as Joint Representative of the Bondholders of the Bond with the WKN: A1YDDX and G&P GmbH & Co. KG is the data protection officer as Joint Representative of the Bondholders of the Bond with the WKN: A1YCN1.

Legal basis

The personal data is processed within the framework of the procedure described above on the basis of Art. 6 para. 1 lit. c GDPR. This permissive provision allows the processing of personal data in the context of the fulfillment of legal obligations. Pursuant to Sec. 11 para. 1 of the Terms and Conditions of the Bonds, the Bondholders may pass resolutions by simple majority vote on all resolution items permitted by law, in particular by the SchVG. Resolutions of the Bondholders may also be passed in a vote without meeting in accordance with Sec. 18 of the SchVG and Annex P Sec. B of the Terms and Conditions of the Bonds.

Duration of the data storage

Personal data will be deleted or anonymized if it is no longer required for the above-mentioned purpose and we are not subject to any statutory retention obligations (e.g. under the SchVG or other legal provisions).

c. Proof of eligibility to vote

Your participation in the Vote without Meeting requires proof of eligibility to vote. This proof is provided by means of a special certificate issued by the custodian bank with a Blocking Notice. Both the Special Evidence and the Blocking Notice contain personal data such as name and address and details of the number of Bonds held as well as the name and address of the custodian bank. If you do not participate in the vote in person, you may authorise a third party to do so. Also, in the event that the Bondholder is represented, the Bondholder’s eligibility to vote and power of attorney as well as the identity of the representative must be checked for voting purposes and the corresponding data must be processed.

Legal basis

The information provided as part of the proof of eligibility to vote is processed on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 10 SchVG.

Duration of the data storage

The personal data stored as part of the proof of eligibility to vote will be deleted if storage is no longer required in accordance with the statutory provisions. We must retain power of attorneys for at least three years in accordance with Sec. 18 para. 1 and Sec. 14 para 2 of the SchVG.

d. Preparation of a list of participants

The Voting Manager is obliged to draw up a list of the Bondholders voting. This list of participants shall include Bondholders who cast votes but also those represented by representatives, stating their name, registered office or place of residence and the number of voting rights represented in each case. Following the vote, this list of participants shall be made available to the Bondholders. For this purpose, the Voting Manager will prepare the list of participants during the Vote without Meeting and make it available to the Bondholders afterwards upon request with proof of Bondholder status.
Legal basis
The legal basis is Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 18 para. 1, Sec. 15 para 2 s. 3 SchVG, according to which the list of participants must be drawn up and made available to the Bondholders.
Duration of data storage
The personal data stored in the context of contacting us will be deleted if the storage is no longer necessary according to the legal regulations.

e. Supplementary Motions and Countermotions by Bondholders

A Countermotion or a Supplementary Motion in the context of Voting without Meeting requires you or a person authorised by you to send a corresponding motion to the Voting Manager together with proof of your status as a Bondholder respectively the power of attorney. The relevant applications will be published on the website with your name, processed in the course of the voting process and included in the voting protocol.

Legal basis

The information provided in the context of supplementary and countermotions by Bondholders is processed on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 13 SchVG.

Duration of data storage

The personal data stored in the context of supplementary and countermotions will be deleted when storage is no longer required in accordance with the statutory provisions.

f. Determination and recording of the voting result

Any resolution of the Bondholders without a meeting shall, in order to be valid, be recorded in the form of minutes of the vote, which shall be taken by a notary public. The minutes shall mention by name only those Bondholders who have submitted a motion or declared an objection to resolutions. The list of participants is not an annex to the minutes. Any Bondholder who participated in the Vote without Meeting or was represented by representative may request a copy of the minutes and the annexes within one year of the date of the meeting.

Legal basis

The information in the context of determining and recording the voting result shall be processed on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 18 para. 1, Sec. 16 para. 3 SchVG.

Duration of date storage

The personal data stored in the course of determining and recording the voting results shall be deleted when storage is no longer required in accordance with the statutory provisions. The protocol as such remains permanently in paper form.

The following documents are exclusively addressed to the bondholders of the bond SolarWorld Bearer Bond 14(14-19) Series 1116, ISIN: DE000A1YDDX6 / WKN: A1YDDX in the total nominal amount of EUR 61,244,814.54.

Please direct your vote so that it is received there during the Voting Period (i.e. neither too early nor too late) by post, fax or e-mail or otherwise in text form to the following address:

Attorney Alexander Elsmann
Voting manager –
“SolarWorld Bond 2014/2019-1: Vote without Meeting”

c/o One Square Advisors GmbH
Theatinerstr. 36, 80333 München

Tel.: +49 (0) 89 159898 0
Fax: +49 (0) 89 159898 22
E-Mail: solarworld@onesquareadvisors.com

The following documents must be enclosed with the voting form:

1. the SpecialEvidence of your bondholder status issued by your custodian bank with a Blocking Notice for the duration of the Voting Period.
2.a power of attorney
if you do not vote yourself but are represented by a third party during the Vote without Meeting. You can find a template here. Please check carefully that you use the documents for your bond in each case, as your vote may otherwise be invalid. If you hold both bonds, please use the appropriate forms for each bond.

Alternatively, as of now, a power of attorney to exercise voting rights (as described in more detail in Sec. III.6 of the invitation to vote) can be issued to One Square Advisors GmbH as proxy, which will then vote on your behalf in accordance with your instructions. In this case, too, a Special Evidence with Blocking Notice must be submitted or transmitted within the Voting Period.

Invitation to vote without meeting

IMPORTANT QUESTIONS CONCERNING THE BONDHOLDERS’ MEETING

regarding the

SolarWorld Bearer Bond 14(14-19) Series 1116,
ISIN: DE000A1YDDX6 / WKN: A1YDDX
(„SolarWorld Bond 2014/2019-1”)

of

SolarWorld Aktiengesellschaft i.L., Bonn
(„Issuer“ or „Company“)

Privacy Policy

Introduction

Since May 25, 2018, Regulation (EU) 2016/679 (the General Data Protection Regulation resp. GDPR) has applied throughout Europe. Personal data is information that can be used to identify a person, i.e. information that can be traced back to a person. This typically includes the name, e-mail address or telephone number. However, purely technical data that can be assigned to a person is also considered personal data.

This Privacy Policy informs you about the type, scope and purposes of the collection and use of personal data in connection with the use of the website www.solarworld.de (hereinafter “website“) and the handling of the voting of the Bondholders of the SolarWorld Bonds with the WKN: A1YCN1 and WKN: A1YDDX by the Joint Representatives of the Bondholders of the two aforementioned Bonds, Alexander Elsmann and G&P GmbH & Co. KG (hereinafter “Joint Representatives”, “we” or “us”). The Joint Representatives are jointly responsible for the processing of personal data in the context of the use of the Website and are each individually responsible for the processing operations of Sec. 2 lit. a.-d., in each case in relation to the aforementioned Bonds assigned to them.

The following categories of personal data will be processed in the course of the processing of the Vote without Meeting: Names and contact details, number of Bonds held by you, information on your custodian bank; if applicable, data on a representative appointed by you, your voting behavior and any motions submitted by you. We process this data exclusively in order to fulfill our legal obligations (e.g. under the German Act on Bonds (Schuldverschreibungsgesetz – “SchVG”)). We store your data as long as this is required by legal regulations (from tax law and the German Act on Bonds). Your above-mentioned data may be forwarded to other service providers, e.g. lawyers, who assist in organizing the vote.

Contact details of the responsible persons:

Law office ELSMANN
Alexander Elsmann
as joint representative of the Bondholders of the Bond with the WKN: A1YDDX
Grafenberger Allee 120
D-40237 Düsseldorf
telephone: +49 (0)211 / 9149 145
fax: +49 (0)211 / 9149 299
e-mail: ra-elsmann@email.de

G&P GmbH & Co. KG
as joint representative of the Bondholders of the Bond with the WKN A1YCN1
Theatinerstr. 36
D-80333 Munich
contact via
One Square Advisory Services S.á.r.l.,
(an affiliate of the G&P GmbH & Co. KG)
e-mail: solarworld@onesquareadvisors.com
telephone: +49 (0)89 159898-0

Your rights

You have the right to receive information about the personal data stored about you free of charge upon request. In addition, you have the right to request the correction of incorrect data, the right to request the restriction of processing of data that has been processed too extensively and the right to request the deletion of personal data that has been processed unlawfully respectively stored for too long (insofar as this does not conflict with any legal obligation to retain data and no other reasons pursuant to Art. 17 para. 3 GDPR). In addition, you have the right to transfer all data that you have provided to us in a common file format (right to data portability), insofar as you have provided the data to us within the scope of a declaration of consent or for the fulfillment of a contract.

Objection to our processing of your data, Art. 21 GDPR

In case of processing of personal data for the performance of tasks in the public interest (Art. 6 para. 1 lit. e GDPR) or for the performance of legitimate interests (Art. 6 para. 1 lit. f GDPR), you have the right to object to the processing of your personal data at any time. The processing of personal data will then no longer take place unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

Insofar as you also have a right to object to processing, we point this out within the description of the individual procedures.

To exercise your rights, simply send an e-mail to solarworld@onesquareadvisors.com. However, you may exercise your rights against any person responsible.

In addition, you also have the right to file a complaint with a data protection supervisory authority. A list of German and European data protection authorities and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Recipients of data

Your personal data will be disclosed by the Joint Representatives to third parties bound by confidentiality obligations who assist the Joint Representatives in processing the vote without meeting, in particular to One Square Advisors GmbH, advising lawyers and the notary certifying the vote. Apart from this, we do not pass on your personal data as a matter of principle unless we expressly mention this in this Privacy Policy.

However, the website www.solarworld.de is hosted by webgo GmbH, Heidenkampsweg 81, 20097 Hamburg. Though, no personal data is generated or processed on the website – with the exception of server log files that are technically absolutely necessary for visiting the website and downloading documents (see below for this) and the possible publication of supplementary and countermotions by bondholders. The voting does not take place via the website.

The transfer of personal data to the above-mentioned service provider is based on Art. 6 para. 1 lit. f GDPR. This permissive provision allows the processing of personal data in our “legitimate interest”, unless your fundamental rights, freedoms or interests in the omission of data processing prevail. Our legitimate interest consists in the use of specialized service providers who can realize a corresponding coordination respectively hosting of the website more efficiently than we can. You may nevertheless object to this data processing at any time if there are reasons relating to your particular situation that speak against the transfer of personal data to a service provider. To do so, simply send an e-mail to solarworld@onesquareadvisors.com. However, if you object to the processing of your personal data within the scope of the vote, which is mandatory for this purpose, you will no longer be able to participate in the voting.

The respective Common Representative as voting manager (“Voting Manager“) shall receive all declarations and notifications of the Bondholders and (if applicable) the representatives of the Bondholders in the traditional manner by post, fax or e-mail or otherwise in text form. The processing of personal data by the Voting Manager is based on Art. 6 para. 1 lit. c GDPR. This permissive provision allows the processing of personal data in the context of the fulfillment of legal obligations. Pursuant to Sec. 18 para. 2 SchVG, the voting process is managed by the Voting Manager, which requires the processing of declarations and notifications made to him.

Disclosure to recipients outside the EEA

We do not share your personal data with recipients located outside the EEA.

a. Server log files

We automatically collect a number of technical data (server log files) each time the website is accessed, which are personal data.
These are:

• IP-address of the user
• Name of the retrieved web page resp. file
• Date and time of access
• Volume of data transferred
• Message about successful retrieval
• Browser type and version
• Operating system of the user
• End device used by the user, including MAC address
• Referrer URL (the previously visited page)

We collect server log files for the purpose of administering the website and being able to detect and prevent unauthorised access.

Legal basis

The personal data in log files are processed on the basis of Art. 6 para. 1 lit. f GDPR. This permissive provision allows the processing of personal data within the scope of the “legitimate interest” of the responsible person, unless your fundamental rights, freedoms or interests are overridden. Our legitimate interest is the easier administration and the possibility to detect and prosecute hacking. You can object to this data processing at any time if there are reasons that exist in your particular situation and that speak against the data processing. For this purpose, it is sufficient to send an e-mail to solarworld@onesquareadvisors.com.

What are IP addresses?

IP addresses are assigned to every device (e.g. smartphone, tablet, PC) that is connected to the Internet. Which IP address this is depends on which Internet access your end device is currently connected to the Internet via. It can be the IP address assigned to you by your Internet provider, for example, if you are connected to the Internet at home via your W-LAN. It can also be an IP address assigned to you by your mobile phone provider or the IP address of a provider of a public or private W-LAN or other Internet access. In its most common form (IPv4), the IP address consists of four blocks of digits. In most cases, you as a private user will not use a constant IP address, as this is only assigned to you temporarily by your provider (so-called “dynamic IP address”). In the case of a permanently assigned IP address (so-called “static IP address”), a clear assignment of user data is in principle easier. Except for the purpose of tracking unauthorised access to our website, we do not use this data in a personalized manner, but only evaluate on an anonymous basis which of our websites are favored, how many accesses occur daily, and similar. The website already supports the new IPv6 addresses. If you already have an IPv6 address, you should also know the following: The IPv6 address consists of eight blocks of four. The first four blocks, as with the entire IPv4 address, are typically assigned dynamically for private users. The last four blocks of an IPv6 address (so-called “interface identifiers”), however, are determined by the terminal device you use to browse the website. Unless otherwise set in your operating system, the so-called MAC address is used for this purpose. The MAC address is a kind of serial number that is assigned once worldwide for each IP-enabled device. We therefore do not store the last four blocks of your IPv6 address. In general, we recommend that you activate the so-called “Privacy Extensions” on your end device in order to better anonymize the last four blocks of your IPv6 address. Most common operating systems have a “Privacy Extensions” function, but in some cases this is not preset by default.

Duration of the data storage

The server log files with the above data are automatically deleted when they are no longer needed. We reserve the right to store the server log files for a longer period of time if facts exist that suggest the assumption of unauthorised access (such as an attempt at hacking or a so-called DDOS attack).

b. Description of the voting procedure

The main purpose of data processing is to conduct a Bondholders‘ Vote without Meeting in accordance with the SchVG. The Bondholders vote either themselves or by a representative in writing (text form pursuant to Sec 126b of the German Civil Code (Bürgerliches Gesetzbuch („BGB“). A certificate from the custodian bank of the relevant bondholder must be submitted as proof of bondholder status.

In the process, the following personal data of the Bondholders will be processed:

• Personal data (e.g. first and last name, title if applicable, address, securities account number if applicable)
• Information about Bonds held by you;
• Information about your custodian bank;
• if applicable, name and address to a representative designated by you.

The purpose of the data processing is the proper conduct of a Bondholders‘ Vote without Meeting, while safeguarding the rights of the Bondholders and our documentation obligations under the SchVG.

Procedures overview

In the context of Vote without Meeting, personal data are processed for the following procedures:

1. proof of the right to vote
2. preparation of a list of participants
3. publication of any Supplementary Motions and Countermotions by Bondholders
4. determination and recording of the voting result

For the proceedings described, Alexander Elsmann is the data protection officer as Joint Representative of the Bondholders of the Bond with the WKN: A1YDDX and G&P GmbH & Co. KG is the data protection officer as Joint Representative of the Bondholders of the Bond with the WKN: A1YCN1.

Legal basis

The personal data is processed within the framework of the procedure described above on the basis of Art. 6 para. 1 lit. c GDPR. This permissive provision allows the processing of personal data in the context of the fulfillment of legal obligations. Pursuant to Sec. 11 para. 1 of the Terms and Conditions of the Bonds, the Bondholders may pass resolutions by simple majority vote on all resolution items permitted by law, in particular by the SchVG. Resolutions of the Bondholders may also be passed in a vote without meeting in accordance with Sec. 18 of the SchVG and Annex P Sec. B of the Terms and Conditions of the Bonds.

Duration of the data storage

Personal data will be deleted or anonymized if it is no longer required for the above-mentioned purpose and we are not subject to any statutory retention obligations (e.g. under the SchVG or other legal provisions).

c. Proof of eligibility to vote

Your participation in the Vote without Meeting requires proof of eligibility to vote. This proof is provided by means of a special certificate issued by the custodian bank with a Blocking Notice. Both the Special Evidence and the Blocking Notice contain personal data such as name and address and details of the number of Bonds held as well as the name and address of the custodian bank. If you do not participate in the vote in person, you may authorise a third party to do so. Also, in the event that the Bondholder is represented, the Bondholder’s eligibility to vote and power of attorney as well as the identity of the representative must be checked for voting purposes and the corresponding data must be processed.

Legal basis

The information provided as part of the proof of eligibility to vote is processed on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 10 SchVG.

Duration of the data storage

The personal data stored as part of the proof of eligibility to vote will be deleted if storage is no longer required in accordance with the statutory provisions. We must retain power of attorneys for at least three years in accordance with Sec. 18 para. 1 and Sec. 14 para 2 of the SchVG.

d. Preparation of a list of participants

The Voting Manager is obliged to draw up a list of the Bondholders voting. This list of participants shall include Bondholders who cast votes but also those represented by representatives, stating their name, registered office or place of residence and the number of voting rights represented in each case. Following the vote, this list of participants shall be made available to the Bondholders. For this purpose, the Voting Manager will prepare the list of participants during the Vote without Meeting and make it available to the Bondholders afterwards upon request with proof of Bondholder status.
Legal basis
The legal basis is Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 18 para. 1, Sec. 15 para 2 s. 3 SchVG, according to which the list of participants must be drawn up and made available to the Bondholders.
Duration of data storage
The personal data stored in the context of contacting us will be deleted if the storage is no longer necessary according to the legal regulations.

e. Supplementary Motions and Countermotions by Bondholders

A Countermotion or a Supplementary Motion in the context of Voting without Meeting requires you or a person authorised by you to send a corresponding motion to the Voting Manager together with proof of your status as a Bondholder respectively the power of attorney. The relevant applications will be published on the website with your name, processed in the course of the voting process and included in the voting protocol.

Legal basis

The information provided in the context of supplementary and countermotions by Bondholders is processed on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 13 SchVG.

Duration of data storage

The personal data stored in the context of supplementary and countermotions will be deleted when storage is no longer required in accordance with the statutory provisions.

f. Determination and recording of the voting result

Any resolution of the Bondholders without a meeting shall, in order to be valid, be recorded in the form of minutes of the vote, which shall be taken by a notary public. The minutes shall mention by name only those Bondholders who have submitted a motion or declared an objection to resolutions. The list of participants is not an annex to the minutes. Any Bondholder who participated in the Vote without Meeting or was represented by representative may request a copy of the minutes and the annexes within one year of the date of the meeting.

Legal basis

The information in the context of determining and recording the voting result shall be processed on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with Sec. 18 para. 1, Sec. 16 para. 3 SchVG.

Duration of date storage

The personal data stored in the course of determining and recording the voting results shall be deleted when storage is no longer required in accordance with the statutory provisions. The protocol as such remains permanently in paper form.

ANNOUNCEMENT OF THE RESOLUTIONS
WKN: A1YCN1

ANNOUNCEMENT OF THE RESOLUTIONS
WKN: A1YDDX