Extract to table

Attention: Rebecca Lau, General Counsel & Corporate Secretary 4750 Ridgepoint Drive, Suite 300 San Jose, California 95134 with a copy (which shall not constitute notice) to: Whitfield, Prager & Loomis LLP Attention: Catherine Whitfield, Esq

RESOLVED FURTHER, that the Aufsichtsrat acknowledges and confirms that the Reverse Break-Up Fee shall be paid from the Company's available cash on hand and existing corporate treasury resources, and that no additional financing or borrowing shall be required to fund the payment of the Reverse Break-Up Fee

in accordance with the applicable provisions of the DGCL, with such dissolution to be completed as promptly as practicable following the effective date of the Termination Agreement; and (f) A governing law provision specifying that the Termination Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to principles of conflicts of laws

This written consent may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument

pdf) or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document shall be effective as delivery of an originally executed counterpart