Nyrstar NV – Update with regards to recent litigation

Nyrstar NV – Update with regards to recent litigation

14 February 2023 at 4.00pm CET

Nyrstar NV (the "Company") wishes to update its shareholders on certain litigation proceedings of which it is the subject.  

As a reminder, the Company is under a legal obligation to convene a shareholders' meeting to decide on the dissolution of the Company following the decision of the extraordinary general meeting held on 9 December 2019, at which the proposal of the board of directors to continue the Company's operations was not approved by the shareholders’ meeting.

As announced by the Company in a press release dated 26 June 2020, the vote on the dissolution of the Company was postponed until three months after a decision on the appointment of a panel of company law experts will have obtained res iudicata effect, to comply with the order of the President of the commercial court in Antwerp not to place the dissolution on the agenda before such time.

In light of the announcement in the press that certain shareholders of the Company will file a Supreme Court appeal against the judgment of the Antwerp Court of Appeal dated 17 November 2022 with respect to the claim for the appointment of a panel of experts, known under docket numbers 2020/RK/35, 2020/RK/38 and 2022/AR/177, the Company is of the opinion that it is not opportune to carry out the above obligation to place the dissolution on the agenda pending the Supreme Court appeal. The Company thus announces that it will not take steps to convene a general meeting with dissolution as an agenda item (or take preparatory actions to that effect) until the Supreme Court has rendered a judgment in the aforementioned proceedings, and it will update the market by then.

The above is without prejudice to the Company's previous communication of 13 January 2023, in which it was confirmed that the Company will not hold a general meeting with the dissolution on the agenda nor issue any invitation for a general meeting with the dissolution on the agenda until the President of the Court will have rendered a decision about the interim measures requested by the claimants in respect of the dissolution of the Company.

A detailed overview of the current proceedings is available on the Company website at: https://www.nyrstarnv.be/en/investors/restructuring/summary-of-ongoing-proceedings.

About Nyrstar NV

The Company is incorporated in Belgium and listed on Euronext Brussels under the symbol NYR. For further information please visit the Nyrstar NV website: www.nyrstarnv.be

For further information contact:

Anthony Simms -           Head of External Affairs & Legal               anthony.simms@nyrstarnv.be

Attachment

• 2023 02 14 Litigation update EN