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IG shows a loss in its balance sheet, a part of this will be charged
to the Nobel Company at the same ratio as the amount necessary to pay the
dividend is to be calculated according to the previously mentioned procedure.
If, in case of a capital increase, IG grants its shareholders an option
to subscribe to new shares, the shareholders of the Nobel Company have to be
granted the same rights, with the exception that the owners of RM 200 shares of
the Nobel Company may acquire half the amount of new IG shares as the owners of
the same nominal value of old IG shares.
IG is entitled to state at any
time that it wants to take over the assets of the Nobel Company by merger at
this same ratio. If the general meeting of the Nobel Company refuses that
merger offer, IG is entitled to give notice of termination of the agreement
with effect to the end of the current business year. In that case, irrespective
of whether IG uses its right to give notice or not, IG may demand that the real
estate, buildings, apparatus, and holdings, as existing at the end of the
respective financial year, or whatever part of these items IG may wish, at its
own discretion, to acquire, be sold to IG at the book value as shown in the
last balance sheet.
Beginning 1 January 1927, every single shareholder
of the Nobel Company is entitled to request the exchange of his shares for IG
shares at the above-mentioned ratio. Every single shareholder has that same
right, even if the above-mentioned agreement is cancelled or changed for some
reason. |
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| * * * * * * * * * |
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TRANSLATION OF
DOCUMENT NI-14098
PROSECUTION EXHIBIT 2338
|
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| LETTER OF THE DEFENDANT GAJEWSKI TO PAUL MUELLER. DIRECTOR GENERAL OF
DAG, 11 APRIL 1934 |
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| Dr. Ga/Hi 11 |
| April 1934 |
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Generaldirektor Dr. Paul Mueller
Troisdorf
Dear Doctor,
I informed Mr. Dencker today that I approved of the depreciation of RM 302,434
which you desired for Troisdorf.*
At the same time, I would like to
request you to send me the |
__________
* The headquarters of DAG
and its principal plants were located at Troisdorf near
Cologne.
1349 |
. 
