In accordance with the Temporary Act COVID-19 Justice and Safety, shareholders can only attend the meeting virtually through a video conference call which will be live and available in full for the shareholders who have registered for the meeting. Votes can only be cast by proxy to the civil law notary, referred to below. Unfortunately, shareholders who have registered for the meeting will only be able to listen to the meeting via the video conference call; they will not be able to raise questions or exercise voting rights during the meeting.
The agenda items of the EGM will be as follows:
Agenda
1. Opening
2. Re-appointment of Mr R. Van Wyk as managing director of the Company (CEO)
3. Composition of the Supervisory Board
(a) Proposal to accept the resignations of Mr P. Barbieri, Mr T. Malak and Mr B. Pourrat as members of the Supervisory Board and to grant full and final discharge (vote)
(b) Appointment of Mr H-J. Gatt as member of the Supervisory Board (vote)
(c) Appointment of Mr M. Mair as member of the Supervisory Board (vote)
(d) Appointment of Mr M. Meister as member of the Supervisory Board (vote)
4. Any other business and close of the meeting
Meeting documents
The agenda above and the explanatory notes thereto (including the particulars of Mr R. Van Wyk, Mr H-J. Gatt, Mr M. Mair and Mr M. Meister) as well as a form of written proxy are available at the Company's website: www.ichorcoal.com. The documents are also available for inspection and can be obtained free of charge at the offices of the Company and via GFEI IR Services GmbH referred to below.
As at 8 December 2022 the issued share capital of the Company amounts to EUR 44,018,457.70, divided into 440,184,577 ordinary shares of EUR 0.10 each. No shares are held by the Company in its own capital.
Registration to Vote
Holders of bearer shares intending to attend the EGM virtually and/or who wish to vote in the EGM are asked to deposit their shares against receipt of a certificate of deposit not later than on 20 December 2022, 17:00 hours CET. The deposit of the bearer shares means that the bearer shares held by the shareholder in his/her/its securities account are blocked from trading, and as such held in deposit by the shareholder's bank until (and including) the date of the EGM.
A certificate of deposit by the shareholder's bank must be sent to the address of GFEI IR Services GmbH (Address: Ostergrube 11, 30559 Hannover, Germany; Fax: +49 511 47402319), with a PDF copy to hv@gfei.de, not later than on 20 December 2022, 17:00 hours CET.
The Company will then - upon request - provide the shareholder concerned with login details for the video conference call.
Voting by Proxy
The right to vote at the virtual EGM can only be exercised by a written proxy with voting instructions to Ms J.J.C.A. Leemrijse, civil law notary with Allen & Overy LLP (or her substitute), provided that the relevant shareholder has registered for the EGM as set out above.
A form of a written proxy is available at the Company's website. The written proxy must be received by the Supervisory Board of the Company no later than 20 December 2022 at 17:00 hours CET. The proxy can be granted by sending an email with the proxy and voting instructions to hv@gfei.de no later than 20 December 2022, at 17:00 hours CET.
Written questions and information
From today until 20 December 2022, 9:00 hours CET at the latest, shareholders may submit written questions about the items on the agenda. These questions will, possibly combined, be dealt with and discussed at the latest at the meeting.
For further information please see the Company's website www.ichorcoal.com.
All communications to the Company or the Supervisory Board in connection with the foregoing must be addressed as follows: Ichor Coal N.V., 210 Amarand Ave, Pegasus Building 1, Menlyn Maine, Pretoria, 0181, South Africa, tel: +27 (12) 003 2970; email: info@ichorcoal.com.
The Supervisory Board South Africa, 8 December 2022.
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