6. ARGUMENTO SOSTENIBLE SOBRE LA EXPLOTACIÓN MINERA EN EL
6.3. LA GESTIÓN DE LOS RECURSOS MINERALES Y EL MEDIO AMBIENTE
Subscriptions for New Equity Certificates must be made by submitting a correctly completed Subscription Form to the Subscription Offices for the Rights Offering during the Subscription Period or, for Norwegian citizens, made online as further described below.
Existing Equity Certificate Holders will receive Subscription Forms that include information about the number of Subscription Rights allocated to the Existing Equity Certificate Holder and certain other matters relating to the equity certificate.
Subscriptions for New Equity Certificates by subscribers who are not Existing Equity Certificate Holders must be made on a Subscription Form in the form included in Annex 2 “Subscription Form for the Rights Offering” or Annex 3 “Norwegian Language Subscription Form for the Rights Offering”. Existing Equity Certificate Holders may also choose to use such a Subscription Form.
Correctly completed Subscription Forms must be received by one of the Subscription Offices for the Rights Offering no later than 17:30 hours (CET) on 26 March 2012 at the following address or fax number:
SpareBank 1 Markets AS Olav vs gate 5
P.O. Box 1398 Vika N-0114 Oslo Norway Tel.: +47 24 14 74 00 Fax: +47 24 14 74 01 SpareBank 1 SMN Markets Søndre gate 4
P.O. Box 4796 Sluppen N-7467 Trondheim Norway
Tel.: +47 73 58 65 70 Fax: +47 73 58 64 48
Swedbank First Securities Filipstad Brygge 1
P.O. Box 1441 Vika 0250 Oslo
Norway
Tel.: +47 23 23 80 00 Fax: +47 23 23 80 11
Subscribers who are Norwegian citizens may also subscribe for New Equity Certificates through the VPS online subscription system (by following the link on www.sb1markets.no, www.smn.no/info or www.first.no which will redirect the subscriber to the VPS online subscription system). All online subscribers must verify that they are Norwegian citizens by entering their national identity number (inNorwegian: “personnummer”).
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Neither the Savings Bank, nor any of the Subscription Offices may be held responsible for postal delays, unavailable fax lines, internet lines or servers or other logistical or technical problems that may result in subscriptions not being received in time or at all by the Subscription Offices. Subscription Forms received after the end of the Subscription Period and/or incomplete or incorrect Subscription Forms and any subscription that may be unlawful may be disregarded at the sole discretion of the Savings Bank, or any of the Subscription Offices without notice to the subscriber. Subscriptions are binding and irrevocable, and cannot be withdrawn, cancelled or modified by the subscriber after having been received by the Subscription Offices. The subscriber is responsible for the correctness of the information filled into the Subscription Form. By signing and submitting a Subscription Form, the subscribers confirm and warrant that they have read this Prospectus and are eligible to subscribe for New Equity Certificates under the terms set forth herein.
There is no minimum subscription amount for which subscriptions in the Rights Offering must be made. Oversubscription (i.e., subscription for more New Equity Certificates than the number of Subscription Rights held by the subscriber entitles the subscriber to be allocated) and subscription without Subscription Rights will be permitted. However, in each case there can be no assurance that New Equity Certificates will be allocated for such subscriptions.
Multiple subscriptions (i.e., subscriptions on more than one Subscription Form) are allowed. Please note, however, that two separate Subscription Forms submitted by the same subscriber with the same number of New Equity Certificates subscribed for on both Subscription Forms will only be counted once unless otherwise explicitly stated in one of the Subscription Forms. In the case of multiple subscriptions through the VPS online subscription system or subscriptions made both on a Subscription Form and through the VPS online subscription system, all subscriptions will be counted.
9.11 Mandatory Anti-Money Laundering Procedures
The Rights Offering is subject to the Norwegian Money Laundering Act No. 11 of 6 March 2009 and the Norwegian Money Laundering Regulations No. 302 of 13 March 2009 (collectively the “Anti- Money Laundering Legislation”).
Subscribers who are not registered as existing customers of the Subscription Offices must verify their identity to the relevant Subscription Offices in accordance with requirements of the Anti-Money Laundering Legislation, unless an exemption is available. Subscribers who have designated an existing Norwegian bank account and an existing VPS account on the Subscription Form are exempted, provided the aggregate subscription price is less then NOK 100,000 unless verification of identity is requested by the Subscription Offices for the Rights Offering. The verification of identification must be completed prior to the end of the Subscription Period. Subscribers who have not completed the required verification of identity prior to the expiry of the Subscription Period will not be allocated New Equity Certificates.
Furthermore, participation in the Rights Offering is conditional upon the subscriber holding a VPS account. The VPS account number must be stated in the Subscription Form. VPS accounts can be established with authorised VPS registrars, who can be Norwegian banks, authorised securities firms in Norway and Norwegian branches of credit institutions established within the EEA. However, non- Norwegian investors may use nominee VPS accounts registered in the name of a nominee. The nominee must be authorised by the FSAN. Establishment of a VPS account requires verification of identification to the VPS registrar in accordance with the Anti-Money Laundering Legislation.
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In accordance with the Norwegian Securities Trading Act, each Subscription Office must categorize all new customers in one of three customer categories. All Subscribers who are not existing clients of the Subscription Office will be categorized as non-professional clients unless otherwise is communicated in writing by the Subscription Office. The Subscription Office will treat the Subscription as an
execution only instruction from the Subscriber, since the Subscription Office is not in the position to determine whether the Subscription of Offered Shares is suitable or not for the Subscriber.