Contribution into the Company and issuance of Shares A. The Parties shall enter into the Contribution Agreement. FMO shall subscribe for, acquire and pay up a number of Shares A not exceeding 49% of the Shares A by way of contribution of FMO's NL Business into the Company. The State shall subscribe for, acquire and pay up a number of Shares A of at least 51% of the Shares A by way of a capital contribution into the Company. The amount of the State's capital contribution into the Company shall be determined based on the value of FMO's contribution of its NL Business into the Company. Any contribution in excess of the nominal value of the Shares A shall be administered in the books of the Company as non-stipulated share premium and shall be added to the share premium reserved attached to the Shares A. A draft of the Contribution Agreement, including a draft deed of issue of Shares A, is attached hereto as Schedule 3 (Contribution Agreement).
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