Genmab A/S Summons Annual General Meeting
10 Mars 2004 - 5:34PM
PR Newswire (US)
Genmab A/S Summons Annual General Meeting COPENHAGEN, Denmark,
March 10 /PRNewswire/ -- Genmab A/S (CSE: GEN) will hold the
company's Annual General Meeting on Thursday, April 1, 2004 at 2:00
pm at the Radisson SAS Scandinavia Hotel, Amager Boulevard 70, 2300
Copenhagen S, Denmark. Agenda: 1. Report of the Board of Directors
on the Company's activities during the year. 2. Presentation of the
audited Annual Report for approval and the discharge of the Board
of Directors and the Management from their obligations. 3. Decision
as to the appropriation of profit or settlement of loss according
to the approved Annual Report. The Board of Directors proposes that
the year's loss of DKK 327 million be carried forward by transfer
to accumulated deficit. 4. Election of members of the Board of
Directors. Pursuant to Article 13 of Genmab's Articles of
Association, the members of the Board of Directors are elected for
periods of three years. None of the existing members' election
periods expire at this General Meeting and as a result none of the
current members of the Board of Directors are up for election and
no new members are proposed by the Board of Directors. 5. Election
of two auditors. The Board of Directors proposes re-election of
PricewaterhouseCoopers (State Authorized Accountants) and Deloitte
(State Authorized Accountants). 6. Proposals from the Board of
Directors and/or the shareholders: (i) The Board of Directors
proposes that Article 4A of Genmab's Articles of Association, which
authorises the Board of Directors to issue new shares, is made to
conform to current Danish securities trading regulation, so that
the provision's requirement to issue a prospectus in connection
with the issue of new shares is deleted. If the proposal is
adopted, the Company will only be required to prepare a prospectus
in connection with the use of the authorisation to the extent
required by current Danish securities trading regulation. The
proposed (amended) Article 4A is set out below: Article 4A The
Board of Directors is until 6 March 2007 authorised to increase the
nominal registered share capital on one or more occasions by up to
nominally DKK 9,872,986 negotiable shares issued to the bearer that
shall have the same rights as the existing shares of the Company.
The capital increase can be made by cash or by non-cash payment and
with or without pre-emption rights for the existing shareholders.
No transferability restrictions or redemption obligations shall
apply to the new shares which shall be negotiable instruments
issued to the bearer. The new shares shall give right to dividends
and other rights as determined by the Board in its resolution to
increase the capital." (ii) The Board of Directors proposes that
Article 6A of the Articles of Association regarding authorisation
to issue warrants is amended so that the existing authorisation (of
which a total of 264,125 warrants currently remain authorised but
unissued) is prolonged. Further, the Board of Directors proposes to
amend Article 6A to authorise the issue of additional warrants -
without pre-emption rights for the existing shareholders - that
give the right to subscribe up to nominally DKK 1,250,000 shares in
the Company to members of the Company's Board of Directors, the
Company's employees and consultants as well as employees and
consultants of the Company's subsidiaries and to implement the
corresponding capital increases. The proposed (amended) Article 6A
is set out below in that it is noted that the last four full
sections of the existing Article 6A (which solely outline the
warrants already issued) are proposed left unchanged and hence are
not included here: Article 6A By decision of the General Meeting on
April 24, 2003 the Board of Directors was authorised to issue
warrants to subscribe the Company's shares up to a nominal value of
DKK 500,000 and to increase the nominal registered share capital of
the Company up to the nominal value of DKK 500,000 through cash
payments in connection with the exercise of warrants. The
authorisation was originally granted for a period ending on April
23, 2008 but was by decision by the General Meeting on April 1,2004
prolonged until March 31, 2009 as regards the issuance of the
warrants in question and the related cash capital increases.
Further, by decision of the General Meeting on April 1, 2004 the
Board of Directors is authorised to issue on one or more occasions
additional warrants to subscribe the Company's shares up to a
nominal value of DKK 1,250,000 and to make the related capital
increases in cash up to a nominal value of DKK 1,250,000. This
authorisation shall remain in force for a period ending on March
31, 2009. The authorisations entitle the Board of Directors to
issue warrants to members of the Company's Board of Directors, the
Company's employees and consultants as well as employees and
consultants of the Company's subsidiaries in that it is noted that
pursuant to the authorisation originally granted on April 24, 2003
(as prolonged in accordance with the first full section of this
Article 6A) no warrants can be granted to members of the Board of
Directors or registered managers to whom warrants have previously
been issued. The existing shareholders of the Company shall not
have a right of pre-emption in connection with the issue of
warrants based on these authorisations. One warrant shall give the
right to subscribe one share with a nominal value of DKK 1 at a
subscription price per share determined by the Board of Directors
which, however, shall be no less than the market price per share of
the Company's shares at the time of issue. The exercise period for
the issued warrants shall be determined by the Board of Directors.
The Board of Directors is authorised to set out more detailed terms
for the warrants that are to be issued based on these
authorisations. The existing shareholders of the Companyshall not
have a right of pre- emption in connection with issue of shares on
the basis of warrants. The shares that are issued through the
exercise of warrants shall have the same rights as existing shares
cf. these Articles of Association. (iii) Pursuant to the Company's
existing warrant programmes, past employees etc. who exercise
warrants may - depending on the period of employment - be obligated
to resell to the Company between 0-100 per cent of the shares
subscribed. In order that the Company may itself make the buy-back
right effective with respect to such shares, the Board of Directors
requests authorisation cf. Section 48 of the Danish Companies Act,
so that until the next Annual General Meeting the Company may
purchase shares in theCompany in connection with the buy-back of
shares subscribed by employees etc. pursuant to the Company's
employee warrant programmes in an amount of up to 2 per cent of the
Company's share capital and so that the consideration for such the
shares shallbe equal to the exercise price paid for the shares in
question. At the latest 8 days before the Annual General Meeting
the agenda, the complete proposals as well as the Annual Report
will be made available to the Company's shareholders at the
Company's offices at Toldbodgade 33, DK-1253 Copenhagen K, Denmark.
Admission card: Any shareholder is entitled to attend the Annual
General Meeting after having submitted a request for an admission
card no later than Friday, March 26, 2004. Any shareholder, to whom
admission card already has been issued, who is prevented to attend
the Annual General Meeting is kindly asked to notify the company no
later than March 30, 2004. About Genmab A/S Genmab A/S is a
biotechnology company that creates and develops human antibodies
for the treatment of life-threatening and debilitating diseases.
Genmab has numerous products in development to treat cancer,
infectious disease, rheumatoid arthritis and other inflammatory
conditions, and intends to continue assembling a broad portfolio of
new therapeutic products. At present, Genmab has multiple
partnerships to gain access to disease targets and develop novel
human antibodies including agreements with Roche and Amgen. A broad
alliance provides Genmab with access to Medarex, Inc.'s array of
proprietary technologies, including the UltiMAb(tm) platform for
the rapid creation and development of human antibodies to virtually
any disease target. Genmab is headquartered in Copenhagen, Denmark
and has operations in Utrecht, The Netherlands and Princeton, New
Jersey in the US. For more information about Genmab, visit
www.genmab.com. Except for the historical information presented
herein, matters discussed in this press release are forward-looking
statements that are subject to certain risks and uncertainties that
could cause actual results to differ materially from any future
results, performance or achievements expressed or implied by such
statements, e.g. unforeseen exchange rate and interest rate
fluctuations, delayed or unsuccessful development projects.
Statements that are not historical facts, including statements
preceded by, followed by, or that include the words "believes";
"anticipates"; "plans"; "expects"; "estimates"; or similar
statements are forward-looking statements. Genmab is not under an
obligation to up-date statements regarding the future following the
publication of this release; nor to confirm such statements in
relation to actual results, unless this is required by law. Web
site: http://www.genmab.com DATASOURCE: Genmab A/S Sisse P. Hansen,
Investor & Public Relations of Genmab A/S, +45-33 44-77-76, or
mobile, +45-25-27-47-27, sha@genmab.com
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