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AEG PS Group may infringe third-party patents.
AEG PS Group cannot guarantee that it will not infringe third-party patents while conducting its business
activities. In addition, third-party patents could be granted in the future that prevent AEG PS Group from
continuing certain business activities without a license from the patent holder. AEG PS Group's revenues
could decrease if AEG PS Group requires the use of a third-party patent in the future and the patent
holder is not prepared to grant AEG PS Group a license on commercially viable terms, or at all. An in-
ability to obtain such third-party licenses could require AEG PS Group to find an available substitute
technology, which, if found, might lead to lower quality products or increased costs, which could seri-
ously harm its competitive position. In addition, AEG PS Group could become involved in patent litiga-
tion. Such patent disputes could be lengthy and require considerable personnel and financial resources. If
the outcome of such a legal dispute is unfavourable for AEG PS Group, it could be ordered to pay sub-
stantial license fees, royalties and/or damages. Any perceived or actual infringement by AEG PS Group
of third-party patents could have a material adverse effect on AEG PS Group's business, results of opera-
tions and financial condition.
AEG PS Group relies on a licensing agreement for the use of the AEG trademark which contains
stringent conditions to be met by AEG PS Group.
The use of the "AEG" trademark is subject to a licensing agreement with AB Electrolux (publ) (“AB
Electrolux”) that will expire in 2028. Under the licensing agreement, AEG PS Group has to observe cer-
tain conditions, including, among other things, approval by AB Electrolux of the trade marketed products
as to the nature and against the quality standards set by AB Electrolux, submission of production samples
for approval as standard, denial by AB Electrolux of any product liability or other warranty claims, a sales
target and prior approval from AB Electrolux as to the suppliers used by AEG PS Group.
Any material breach of the licensing agreement or any other material default thereunder by any of the
parties may lead to its automatic termination. Furthermore unilateral termination rights in favour of AB
Electrolux exist, inter alia and summarized, (i) in case of a merger or any other consolidation between
AEG PS Group and another company, (ii) in case of seizure of assets or property of the AEG PS Group as
well as similar measures, (iii) in case legal actions against AEG PS Group due to bankruptcy, insolvency
or dissolution are instituted, (iv) in case of infringement or inactivity of the trademark or (v) in case AEG
PS Groups' sales of trademark products do not reach the agreed sales target for two consecutive years (see
detailed description under “Description of the Issuer - Business of the Issuer- Material Contracts”).
Should AEG PS Group not meet the conditions of and comply with its obligations under the licensing
agreement on an ongoing basis, it would be prohibited from using the "AEG" trademark further, which
could have a material adverse effect on its business, results of operations and financial condition.
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