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If an infringement of the protective rights of third parties takes place for which the supplier is liable in accordance with the terms and if for that reason the purchaser is forbidden by law to use a supplied article either completely or partially, the supplier shall at his own expense and at his discretion either a) acquire for the purchaser the right to use the supplied article or b) design the supplied article to be free of protective rights or c) replace the supplied article by another article of equivalent efficiency that [.]. Multiple [.] rectifications shall be permitted. E) The warranty does not include damage caused by false information from the Customer, storage not in accordance with instructions or defective processing or use of the goods. F) If it is impossible to eliminate the defect or effect the substitute delivery within the appropriate period of grace provided by the Customer, the Customer, who is not the consumer, shall only have the right to either withdraw from the Agreement or reduce t h e purchase p r ice.
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G) If the Customer does not give us the opportunity and a fair amount of time to convince ourselves of the defect and carry out the required subsequent fulfillment (rectification or replacement delivery), any claims arising from the deficiency shall become invalid. By placement agreement dated January 18, 2006 and amendment dated March 16, 2006, march.sixteen Finance Services LLP assumed the unconditional guarantee toward the company that 26.90 percent of the shares from the capital increase which are not subscribed for based on t h e purchase r i ghts of the shareholders, will be subscribed for and fully paid by third parties, with the exception of the second investor, Karl F. Kalmund, or by march.sixteen Finance Services LLP itself under the conditions available for the shareholders, i.e. At the issue price of EUR 3.10 per share. Submission of offers to [.] sell, the off er e d purchase p r ice or the limits of the offered sal e o r purchase p r ice margin per share (excluding incidental costs associated with the acquisition) may not exceed, or fall short of, the arithmetic average of the closing prices of Splendid Medien AG shares (in the XETRA trading system, or a comparable successor system) at the Frankfurt Stock Exchange during the last ten subsequent trading days prior to the publication of t h e purchase o f fer / the public [.]. The situation in procurement markets relevant to Burckhardt compression continued to ease during the year under review. Utilization rates among our suppliers dropped to much lower levels, leading to more flexible delivery schedules and prices in procurement markets.
The lower capacity utilization rates among our suppliers have enabled us to shorten the lead times for our products significantly while the declin e i n purchase c o sts for sourced materials and supplies has allowed us to lower the prices of our compressors and spare parts. Integration of procurement activities into the management cycle of our company has reaped tangible rewards and allows us to react promptly and flexibly to changing developments in procurement markets. The participation agreement essentially ends with the sale of all shares governed by the pool to Raiffeisen Switzerland (if the pre-emptive right s o f purchase a r e exercised) or to a third party, in compliance with the provisions of all valid agreements or with the sale of the shares owned by Raiffeisen Switzerland to the authorized pool members (if the pre-emptive rights of repurchase are exercised) or to a third party in compliance with the provisions of all valid agreements, or at the latest upon retransfer of the interest [.] [.]. The Bidder would especially like to point out that the effects of the takeover cannot be accurately predicted today, because amongst other things (i) revenue and cost synergies arising from the takeover can only be reasonably assessed and accurately quantified once the takeover has been completed, (ii) the allocation of t h e purchase p r ice cannot reasonably be completed as of the date of publication of this Offer Document, and (iii) the ultimate amount of costs in relation to the Offer and the acquisition of Jerini Shares depends on the Offer outcome, i.e. The number of Jerini Shares tendered.
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