With regard to the investigation initiated by SIX Swiss Exchange AG in Zurich in respect of ZWAHLEN & MAYR SA in Aigle, as announced in the media release dated 29 June 2007 and resulting in a ruling from the Sanction Commission dated 26 February 2008, a transaction has been agreed between the parties before the SWX Board of Arbitration sitting as the final appeals body on 19 November 2008 and comprising the following elements:
The parties agree that, while Article 72 (ad hoc publicity) of the Listing Rules was violated, there was no violation of Article 73 (disclosure of changes) of the Listing Rules.
The fine imposed has been reduced to CHF 10,000 given the attenuating circumstances involved and the measures either taken or to be taken by the issuer in order to ensure strict compliance with the Listing Rules and other applicable provisions.