Honestly, I’m a bit surprised that such an offer is even legal.
Anyway, if you’re seriously considering this maybe read section 4.2.3 of the “Final Terms”.
Waldemar Hartung, a sole shareholder of the issuer and administrative board member of the issuer,
is also a sole shareholder and administrative board member of Multitalent AG, sole shareholder and
administrative board member of Multitalent II AG, sole shareholder and administrative board member
of Multitalent III AG, sole shareholder and administrative board member of VIVAT AG, partner and board
of directors member of SIA Multitalent Investment, sole partner and board of directors member of VIVAT
Exclusive GmbH, sole partner and board of directors member of unique capital GmbH, sole partner
and board of directors member of Multitalent Investment GmbH, sole partner and board of directors
member of Multitalent Investment II GmbH, sole partner and board of directors member of Multitalent
10 VIVAT II AG | Final Terms
Investment 3 GmbH, sole partner and board of directors member of VIVAT Investment GmbH, sole
partner and board of directors member of VIVAT Investment II GmbH, chairman of board at VIVAT
Multitalent AG and board of directors member of VIVAT Solution GmbH & Co. KG. These companies
also issue partial debentures or subordinated loans and intend to acquire investment objects in the
same categories as the issuer.
Waldemar Hartung is also a partner and/or managing director of project companies, which are eligible
as investment objects for the issuer himself or for the above-mentioned companies issuing partial
debentures or subordinated loans with different terms and conditions than the issuer. Specifically,
Waldemar Hartung is a sole partner and board of directors member of assetSolution UG, partner and
board of directors member of F+F Finanzinvestitionen GmbH, sole partner of Zinnowitz GmbH & Co.
KG, board of directors member of Rothenburg Grundstücks UG, VIVAT Akzent GmbH, VIVAT Rothenburg
GmbH & Co. KG, FFM-WohnTrend GmbH, VIVAT Sachwerte GmbH, Projekt Wendestrasse Erfurt GmbH
& Co. KG, real-estate company Liebenau Halle GmbH, real-estate company Bernburg Halle GmbH, realestate company Dresden Living GmbH & Co. KG and real-estate company “Alte Post” Oschatz GmbH &
Co. KG. Finally, Waldemar Hartung is a partner and board of directors member of Spirit Financial Group
GmbH as well as board of directors member of Spirit Investor GmbH & Co KG.
Mag. iur. Gerd Hermann Jelenik is also an administrative board member of Multitalent AG, Multitalent
II AG, Multitalent III AG, VIVAT AG, MT Performa Anstalt, MT Performa II Anstalt and the issuer. Besides,
Mag. iur. Jelenik is a managing director of CSC‘ Company Structure Consulting AG and Jelenik & Partner
AG.
This may lead to conflicts of interest and investment decisions may be influenced thereby.
Mr Daniel Hartung, son of Waldemar Hartung, is the Managing Director of project companies that are
considered by the Issuer as an investment property. Conflicts of interest could arise from the close
personal relationship between the managing director of the project companies and the administrative
board and sole shareholder of the Issuer.
VIVAT II AG has not undertaken any specific measures to prevent a conflict of interest.
Maybe I’m misreading this but it sounds like he could buy a property using Multitalent II AG from Multitalent AG at a higher price, than buy it using Multitalent III AG and so forth and then just sell it back market price before the bond payments are due - realize the loss and make Multitalent III AG insolvent (while Multitalent AG books a profit).