Scholz bond
Claim for additional payment ("upside") for
bondholders of the Scholz Holding GmbH
Please note: Participating on the ongoing lawsuit is no longer possible!
According to the 2016 annual financial statements, Scholz Holding GmbH, the issuer of a corporate bond, achieved an EBITDA of EUR 428.208 million, which also includes the income from the waiver of receivables of EUR 488.271 million. In the company's opinion, there is a loophole in the regulations and the restructuring gains cannot be included in the relevant EBITDA. Without the addition, the EBITDA was EUR -60.144 million, which is why the company refused to pay the investors upside.
We consider the position of society to be wrong and legally untenable for various reasons. Among other things, the "relevant EBITDA" is precisely defined in the bond terms, so that there is currently no regulatory gap.Accordingly, each bondholder has a claim for additional payment in the amount ofEUR 31.79 per bond.
Investor Rights has obtained litigation funding for injured investors and has filed a class action lawsuit for other injured investors. The proceedings are currently being conducted in front of the LG Ellwangen.