Hengeler Mueller advises Günther Holding on MAX Automation SE mixed cash and non-cash capital increase

Finance and investment company MAX Automation SE successfully completed its rights issue from authorised capital against cash contributions and a contribution in kind, that was subject to a prospectus, resolved on 28 March 2022. A total of 11,783,766 new registered no-par value shares (auf den Namen lautende Stückaktien) of the Company, with a pro-rata amount of the share capital of EUR 1.00 each, will be issued in partial utilisation of the authorised capital of the Company. As a result, the share capital of the Company will be increased to EUR 41,243,181.00. The new shares are fully entitled to dividends from 1 January 2021.  

MAX Automation major shareholder Günther Holding has exercised all of its 13,256,737 statutory subscription rights to a total of 5,302,694 new shares of the Company in the subscription offer. In addition, Günther Holding will take over the total of 5,759,813 new shares as to which subscription rights have not been exercised in the subscription offer by the existing shareholders and holders of subscription rights. For the total of 11,062,507 new shares, Günther Holding will contribute a total of 1,274,594 shares in ZEAL Network SE as contribution in kind, which corresponds to a 5.69% share in the lottery products online provider.  

Hengeler Mueller advised Günther Holding on the transaction. The team was led by partners Kai-Steffen Scholz (Corporate/Capital Markets, Berlin) and Dirk Busch (Capital Markets, Düsseldorf) and included partner Stefan Richter (Berlin), counsel Caspar Haarmann (Düsseldorf) as well as associates Gülşah Civelek and Alexander Berkle (both Berlin) (all Corporate/Capital Markets).