Non-binding Convenience Translation -Domination and Profit and Loss Transfer Agreement • February 21st, 2017 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers)
Contract Type FiledFebruary 21st, 2017 Company IndustryOn September 26, 2016 Diebold Holding Germany Inc. & Co. KGaA, Eschborn, (“Diebold KGaA“) as controlling company, and Diebold Nixdorf Aktiengesellschaft (formerly: Wincor Nixdorf Aktiengesellschaft), Paderborn (“Diebold Nixdorf AG“), as controlled company, entered into a domination and profit and loss transfer agreement pursuant to Section 291 para. 1 German Stock Corporation Act (Aktiengesetz - AktG) (“Agreement“). The Agreement was approved by the general meeting of shareholders of Diebold KGaA on September 26, 2016 and by the extraordinary general meeting of shareholders of Diebold Nixdorf AG on September 26, 2016. Following the registration of the Agreement with the commercial register (HRB 6846) at the Local Court (Amtsgericht) Paderborn on February 14, 2017, the Agreement became effective. The registration was published pursuant to Section 10 German Commercial Code (Handelsgesetzbuch - HGB) on February 14, 2017.