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Penalidades contractuales

In document Cláusula 2. Régimen jurídico. (página 40-43)

TÍTULO III. PERFECCIONAMIENTO Y ADJUDICACIÓN DEL CONTRATO

Cláusula 29. Penalidades contractuales

29.1 aCquisition oF subsidiaries

as electronics gmbh

On 24 May 2012 the Group acquired all shares of as elec-tronics GmbH located in Grossbettlingen, Germany.

inplastor gmbh

On 23 January 2012 the Group acquired all shares of In-plastor Graphische Produkte Gesellschaft m.b.H. located in Vienna, Austria.

The following table shows the cash flows of the acquisi-tions made in 2013 and 2012, and the transaction costs which were directly recognized in the income statement:

The cash outflow of EUR 600 (2012: EUR 100) on acquisition of The Art of Packaging s.r.o. (now: exceet CZ s.r.o.) is related to the acquisition in 2010, with delayed payment up to 2013.

The transaction costs are included in the administrative expenses.

(in eUR 1,000) 2013 2012 Date of consolidation

caSh FlOw On acqUiSitiOn OF inveStmentS

Cash outflow on acquisition of as electronics GmbH (8,811) 24 May 2012

Cash outflow on acquisition of Inplastor GmbH (1,944) 23 January 2012

Cash outflow on acquisition of The Art of Packaging s.r.o. (now: exceet CZ s.r.o.) (600) (100) 31 December 2010

total (600) (10,855)

tRanSactiOn cOStS DiRectly RecOGnizeD in the incOme Statement

Inplastor GmbH 14

as electronics GmbH 134

total 0 148

FinanCial stateMents 074

29. bUSineSS cOmbinatiOnS

29.1 aCquisition oF subsidiaries

as electronics gmbh

On 24 May 2012 the Group acquired all shares of as elec-tronics GmbH located in Grossbettlingen, Germany.

inplastor gmbh

On 23 January 2012 the Group acquired all shares of In-plastor Graphische Produkte Gesellschaft m.b.H. located in Vienna, Austria.

The following table shows the cash flows of the acquisi-tions made in 2013 and 2012, and the transaction costs which were directly recognized in the income statement:

The cash outflow of EUR 600 (2012: EUR 100) on acquisition of The Art of Packaging s.r.o. (now: exceet CZ s.r.o.) is related to the acquisition in 2010, with delayed payment up to 2013.

The transaction costs are included in the administrative expenses.

(in eUR 1,000) 2013 2012 Date of consolidation

caSh FlOw On acqUiSitiOn OF inveStmentS

Cash outflow on acquisition of as electronics GmbH (8,811) 24 May 2012

Cash outflow on acquisition of Inplastor GmbH (1,944) 23 January 2012

Cash outflow on acquisition of The Art of Packaging s.r.o. (now: exceet CZ s.r.o.) (600) (100) 31 December 2010

total (600) (10,855)

tRanSactiOn cOStS DiRectly RecOGnizeD in the incOme Statement

Inplastor GmbH 14

as electronics GmbH 134

total 0 148

096 FinanCial appendix

FinanCial appendix

29.1.1 acquisition 2012 – as electronics Gmbh

On 24 May 2012 the Group acquired by way of a share pur-chase agreement all of the shares of as electronics GmbH, a leading provider of embedded electronics and security solutions in Germany. The rationale for the acquisition was to expand the Group’s engineering and development expertise in the electronics sector. The aggregate consid-eration amounts to EUR 11,470, which consists of EUR 10,070 cash consideration and a contingent considera-tion which requires the Group to pay EUR 1,400 depending on defined operating results for the financial year 2012.

Management expected the earn-out payment to be made in full on the date of the acquisition. The potential undis-counted amount of all future payments that the Group might be required to make under the contingent

consid-(in eUR 1‘000) PURchaSe cOnSiDeRatiOn

Purchase consideration paid 10,070

Contingent consideration 1,400

total purchase consideration 11,470

Fair value of net assets acquired (8,190)

Goodwill (note 6) 3,280

eration arrangement is between EUR 0 and EUR 1,400.

as electronics GmbH was acquired by exceet Group AG.

Transaction costs of EUR 134 have been recognized in administrative expenses.

as electronics GmbH contributed revenue of EUR 9,761 and a net profit of EUR 239 to the Group for the period of 24 May 2012 to 31 December 2012. If the acquisition had occurred on 1 January 2012, as electronics GmbH would have contributed revenue of EUR 16,384 and a net profit of EUR 424 to the Group for the financial year 2012.

Details of net assets acquired and goodwill are as follows:

The goodwill of EUR 3,280 arises from a number of factors, such as expected synergies by integrating the acquired company into the Group’s existing business model, the highly skilled workforce and to obtain

econo-mies of scale. The goodwill is not tax deductible.

The assets and liabilities arising from the acquisition are as follows:

The fair value of trade receivables is EUR 1,456. The gross contractual amount for trade receivables due is

EUR 1,466, of which EUR 10 is expected to be uncollect-ible.

(in eUR 1‘000) FaiR valUe

Cash and cash equivalents 1,259

Tangible assets (note 5) 217

Software and other intangible assets (note 6) 68

Customer base, technology, brand (note 6) 6,559

Other financial assets 20

Inventory 4,691

Trade receivables (including allowance) 1,456

Other receivables 922

Accrued income and deferred expenses 84

Trade payables (971)

Other liabilities (1,083)

Accrued expenses and deferred income (564)

Provisions (47)

Bank liabilities (2,524)

Liabilities from finance leasing (44)

Deferred tax, net (1,853)

net assets acquired 8,190

Consideration settled in cash (10,070)

Cash and cash equivalents in subsidiary acquired 1,259

cash outflow on acquisition (8,811)

075 FinanCial stateMents

29.1.2 acquisition 2012 - inplastor Graphische Produkte Gesellschaft m.b.h.

On 23 January 2012 the Group acquired by way of a share purchase agreement all of the shares of Inplastor Gra-phische Produkte Gesellschaft m.b.H. (Inplastor GmbH), an Austrian full-line provider of card-based loyalty and ID security solutions. The rationale for the acquisition was to strengthen the Group’s market leader position in the card-based loyalty and ID security solution market in the DACH-Region (Germany, Austria and Switzerland). The aggregate consideration amounts to EUR 2,700, which consists of EUR 2,200 cash consideration, contingent considerations of EUR 300 payable upon the submission of the audited financial statements as of 31 December 2011 of Inplastor GmbH, and EUR 200 payable one year after the effective date of the acquisition provided all defined conditions have been fulfilled. The contingent considerations of EUR 500 have been paid into an escrow account, and EUR 300 has been released as of 31 December 2012. The Group

does not expect any future payments under the contin-gent consideration arrangement.

Inplastor GmbH was acquired through an intermediate Austrian holding company (exceet Austria GmbH). Trans-action costs of EUR 14 have been recognized in adminis-trative expenses.

Inplastor GmbH contributed revenue of EUR 8,356 and a net loss of EUR 326 to the Group for the period of 23 January 2012 to 31 December 2012. If the acquisition had occurred on 1 January 2012, Inplastor GmbH would have contributed revenue of EUR 8,615 and a net loss of EUR 414 to the Group for the financial year 2012.

Details of net assets acquired and goodwill are as follows:

(in eUR 1,000) PURchaSe cOnSiDeRatiOn

Purchase consideration paid 2,200

Contingent consideration paid in an escrow account 500

total purchase consideration 2,700

Fair value of net assets acquired –2,277 (2,277)

Goodwill (note 6) 423

The goodwill of EUR 423 arises mainly from the expected syn-ergies by integrating the acquired company into the Group’s existing businesses. The goodwill is not tax deductible.

The assets and liabilities arising from the acquisition are as follows:

The fair value of trade receivables is EUR 172. The gross contractual amount for trade receivables due is

EUR 172; there are no trade receivables expected to be uncollectible.

(in eUR 1,000) FaiR valUe

Cash and cash equivalents 756

Tangible assets (note 5) 489

Software and other intangible assets (note 6) 71

Customer base and technology (note 6) 1,765

Inventory 299

Trade receivables (including allowance) 172

Other receivables 20

Accrued income and deferred expenses 29

Trade payables (291)

Other liabilities (211)

Accrued expenses and deferred income (72)

Provisions (189)

Other long-term liabilities (52)

Deferred tax, net (509)

net assets acquired 2,277

Consideration settled in cash (2,700)

Cash and cash equivalents in subsidiary acquired 756

cash outflow on acquisition (1,944)

FinanCial stateMents 076

29.1.1 acquisition 2012 – as electronics Gmbh

On 24 May 2012 the Group acquired by way of a share pur-chase agreement all of the shares of as electronics GmbH, a leading provider of embedded electronics and security solutions in Germany. The rationale for the acquisition was to expand the Group’s engineering and development expertise in the electronics sector. The aggregate consid-eration amounts to EUR 11,470, which consists of EUR 10,070 cash consideration and a contingent considera-tion which requires the Group to pay EUR 1,400 depending on defined operating results for the financial year 2012.

Management expected the earn-out payment to be made in full on the date of the acquisition. The potential undis-counted amount of all future payments that the Group might be required to make under the contingent

consid-(in eUR 1‘000) PURchaSe cOnSiDeRatiOn

Purchase consideration paid 10,070

Contingent consideration 1,400

total purchase consideration 11,470

Fair value of net assets acquired (8,190)

Goodwill (note 6) 3,280

eration arrangement is between EUR 0 and EUR 1,400.

as electronics GmbH was acquired by exceet Group AG.

Transaction costs of EUR 134 have been recognized in administrative expenses.

as electronics GmbH contributed revenue of EUR 9,761 and a net profit of EUR 239 to the Group for the period of 24 May 2012 to 31 December 2012. If the acquisition had occurred on 1 January 2012, as electronics GmbH would have contributed revenue of EUR 16,384 and a net profit of EUR 424 to the Group for the financial year 2012.

Details of net assets acquired and goodwill are as follows:

The goodwill of EUR 3,280 arises from a number of factors, such as expected synergies by integrating the acquired company into the Group’s existing business model, the highly skilled workforce and to obtain

econo-mies of scale. The goodwill is not tax deductible.

The assets and liabilities arising from the acquisition are as follows:

The fair value of trade receivables is EUR 1,456. The gross contractual amount for trade receivables due is

EUR 1,466, of which EUR 10 is expected to be uncollect-ible.

(in eUR 1‘000) FaiR valUe

Cash and cash equivalents 1,259

Tangible assets (note 5) 217

Software and other intangible assets (note 6) 68

Customer base, technology, brand (note 6) 6,559

Other financial assets 20

Inventory 4,691

Trade receivables (including allowance) 1,456

Other receivables 922

Accrued income and deferred expenses 84

Trade payables (971)

Other liabilities (1,083)

Accrued expenses and deferred income (564)

Provisions (47)

Bank liabilities (2,524)

Liabilities from finance leasing (44)

Deferred tax, net (1,853)

net assets acquired 8,190

Consideration settled in cash (10,070)

Cash and cash equivalents in subsidiary acquired 1,259

cash outflow on acquisition (8,811)

29.1.2 acquisition 2012 - inplastor Graphische Produkte Gesellschaft m.b.h.

On 23 January 2012 the Group acquired by way of a share purchase agreement all of the shares of Inplastor Gra-phische Produkte Gesellschaft m.b.H. (Inplastor GmbH), an Austrian full-line provider of card-based loyalty and ID security solutions. The rationale for the acquisition was to strengthen the Group’s market leader position in the card-based loyalty and ID security solution market in the DACH-Region (Germany, Austria and Switzerland). The aggregate consideration amounts to EUR 2,700, which consists of EUR 2,200 cash consideration, contingent considerations of EUR 300 payable upon the submission of the audited financial statements as of 31 December 2011 of Inplastor GmbH, and EUR 200 payable one year after the effective date of the acquisition provided all defined conditions have been fulfilled. The contingent considerations of EUR 500 have been paid into an escrow account, and EUR 300 has been released as of 31 December 2012. The Group

does not expect any future payments under the contin-gent consideration arrangement.

Inplastor GmbH was acquired through an intermediate Austrian holding company (exceet Austria GmbH). Trans-action costs of EUR 14 have been recognized in adminis-trative expenses.

Inplastor GmbH contributed revenue of EUR 8,356 and a net loss of EUR 326 to the Group for the period of 23 January 2012 to 31 December 2012. If the acquisition had occurred on 1 January 2012, Inplastor GmbH would have contributed revenue of EUR 8,615 and a net loss of EUR 414 to the Group for the financial year 2012.

Details of net assets acquired and goodwill are as follows:

(in eUR 1,000) PURchaSe cOnSiDeRatiOn

Purchase consideration paid 2,200

Contingent consideration paid in an escrow account 500

total purchase consideration 2,700

Fair value of net assets acquired –2,277 (2,277)

Goodwill (note 6) 423

The goodwill of EUR 423 arises mainly from the expected syn-ergies by integrating the acquired company into the Group’s existing businesses. The goodwill is not tax deductible.

The assets and liabilities arising from the acquisition are as follows:

The fair value of trade receivables is EUR 172. The gross contractual amount for trade receivables due is

EUR 172; there are no trade receivables expected to be uncollectible.

(in eUR 1,000) FaiR valUe

Cash and cash equivalents 756

Tangible assets (note 5) 489

Software and other intangible assets (note 6) 71

Customer base and technology (note 6) 1,765

Inventory 299

Trade receivables (including allowance) 172

Other receivables 20

Accrued income and deferred expenses 29

Trade payables (291)

Other liabilities (211)

Accrued expenses and deferred income (72)

Provisions (189)

Other long-term liabilities (52)

Deferred tax, net (509)

net assets acquired 2,277

Consideration settled in cash (2,700)

Cash and cash equivalents in subsidiary acquired 756

cash outflow on acquisition (1,944)

098 FinanCial appendix

FinanCial appendix

30. liSt OF cOnSOliDateD

SUbSiDiaRieS OF

In document Cláusula 2. Régimen jurídico. (página 40-43)