Nyrstar NV – Update with regards to recent litigation
February 14 2023 - 10:00AM
Nyrstar NV – Update with regards to recent litigation
Nyrstar NV – Update with regards to recent
litigation
14 February 2023 at 4.00pm CET
Nyrstar NV (the "Company") wishes to update its
shareholders on certain litigation proceedings of which it is the
subject.
As a reminder, the Company is under a legal
obligation to convene a shareholders' meeting to decide on the
dissolution of the Company following the decision of the
extraordinary general meeting held on 9 December 2019, at which the
proposal of the board of directors to continue the Company's
operations was not approved by the shareholders’ meeting.
As announced by the Company in a press release
dated 26 June 2020, the vote on the dissolution of the Company was
postponed until three months after a decision on the appointment of
a panel of company law experts will have obtained res iudicata
effect, to comply with the order of the President of the commercial
court in Antwerp not to place the dissolution on the agenda before
such time.
In light of the announcement in the press that
certain shareholders of the Company will file a Supreme Court
appeal against the judgment of the Antwerp Court of Appeal dated 17
November 2022 with respect to the claim for the appointment of a
panel of experts, known under docket numbers 2020/RK/35, 2020/RK/38
and 2022/AR/177, the Company is of the opinion that it is not
opportune to carry out the above obligation to place the
dissolution on the agenda pending the Supreme Court appeal. The
Company thus announces that it will not take steps to convene a
general meeting with dissolution as an agenda item (or take
preparatory actions to that effect) until the Supreme Court has
rendered a judgment in the aforementioned proceedings, and it will
update the market by then.
The above is without prejudice to the Company's
previous communication of 13 January 2023, in which it was
confirmed that the Company will not hold a general meeting with the
dissolution on the agenda nor issue any invitation for a general
meeting with the dissolution on the agenda until the President of
the Court will have rendered a decision about the interim measures
requested by the claimants in respect of the dissolution of the
Company.
A detailed overview of the current proceedings is available on
the Company website
at: https://www.nyrstarnv.be/en/investors/restructuring/summary-of-ongoing-proceedings.
About Nyrstar NV
The Company is incorporated in Belgium and listed on Euronext
Brussels under the symbol NYR. For further information please visit
the Nyrstar NV website: www.nyrstarnv.be
For further information contact:
Anthony Simms
- Head
of External Affairs & Legal
anthony.simms@nyrstarnv.be
- 2023 02 14 Litigation update EN
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