Voting Results Annual General Meeting 2006

At the time of voting on the agenda items 2 to 9 63,100,862 no-par-value-shares with a matching numbers of votes were present. This corresponds to 75.12 % of the capital stock.

Agenda Item 2: Resolution on the Utilization of Net Retained Profits

Yes votes: 63,099,065 votes
No votes:
717 votes
Abstentions:
1,080 votes

It was stated that the management proposal on the utilization of net retained profits 2005 was approved.

Agenda Item 3: Resolution on the Official Approval of the Actions of the Members of the Executive Board

Yes votes: 63,098,680 votes
No votes:
976 votes
Abstentions:
1,206 votes

The exclusion of voting rights was observed.

It was stated that the management proposal on the official approval of the actions of the members of the Executive Board for fiscal year 2005 was accepted.

Agenda Item 4: Resolution on the Official Approval of the Actions of the Members of the Supervisory Board

Yes votes: 63,098,415 votes
No votes:
1,126 votes
Abstentions:
1,321 votes

The exclusion of voting rights was observed.

It was stated that the management proposal on the official approval of the actions of the members of the Supervisory Board for fiscal year 2005 was accepted.

Agenda Item 5: Election of the Auditors for Fiscal Year 2006

Yes votes: 62,967,002 votes
No votes:
1,373 votes
Abstentions:
132,487 votes

It was stated that Ernst & Young AG Wirtschaftsprüfungsgesellschaft, Stuttgart, are the elected auditors for fiscal year 2006.

Agenda Item 6: Resolution on the Authorization to Purchase and Utilize Own Shares

Yes votes: 63,084,911 votes
No votes:
11,750 votes
Abstentions:
4,201 votes

It was stated that the management proposal under agenda item 6 was accepted with the necessary majority of votes and necessary capital majority.

Agenda Item 7: Resolution on the Modification of the Articles of Association in Line with the Gesetz zur Unternehmensintegrität und Modernisierung des Anfechtungsrechts (German Corporate Integrity and Modernization of the Right of Avoidance Act): Amendment of §§ 17(2), 18, and 19 (2) of the Articles of Association

Yes votes: 63,052,826 votes
No votes:
44,760 votes
Abstentions:
3,276 votes

It was stated that the management proposal under agenda item 7 was accepted with the necessary majority of votes and necessary capital majority.

Agenda Item 8: Resolution on the Amendment of § 3 of the Articles of Association

Yes votes: 63,097,808 votes
No votes:
1,079 votes
Abstentions:
1,975 votes

It was stated that the management proposal under agenda item 8 was accepted with the necessary majority of votes and necessary capital majority.

Agenda Item 9: Resolution on the Increase of the Share Capital from Retained Earnings without the Issue of New Shares and the Corresponding Amendment of § 5 (1) of the Articles of Association and on the Subsequent Reclassification of the Share Capital (Share Split) and the Corresponding Amendment of § 5 (1) of the Articles of Association and on the Modification of the Remuneration of the Supervisory Board by Way of an Amendment of § 15 (1) of the Articles of Association

Yes votes: 62,911,676 votes
No votes:
187,667 votes
Abstentions:
1,519 votes

It was stated that the management proposal under agenda item 9 was accepted with the necessary majority of votes and necessary capital majority.