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dongenergy.com

Tender offer

THE MATERIALS YOU ARE SEEKING TO ACCESS ARE NOT DIRECTED AT AND MAY NOT BE VIEWED BY OR DISTRIBUTED TO PERSONS

  1. IN THE UNITED STATES OR WHO ARE U.S. PERSONS (AS DEFINED IN REGULATION S UNDER THE SECURITIES ACT); OR
  2. IN THE EUROPEAN ECONOMIC AREA WHO ARE NOT (1) "QUALIFIED INVESTORS" WITHIN THE MEANING OF ARTICLE 2(1)(E) OF THE PROSPECTUS DIRECTIVE (2003/71/EF) (THE "PROSPECTUS DIRECTIVE") OR (2) "NON-US QUALIFIED PERSONS" (AS DEFINED BELOW); OR
  3. IN THE UNITED KINGDOM WHO ARE NOT QUALIFIED INVESTORS (I) WHO HAVE PROFESSIONAL EXPERIENCE IN MATTERS RELATING TO INVESTMENTS FALLING WITHIN ARTICLE 19(5) OF THE FINANCIAL SERVICES AND MARKETS ACT 2000 (FINANCIAL PROMOTION) ORDER 2005, AS AMENDED (THE "ORDER"), OR WHO FALL WITHIN ARTICLE 49(2)(A) TO (D) OF THE ORDER, OR (II) TO WHOM SUCH MATERIALS MAY OTHERWISE LAWFULLY BE COMMUNICATED (ALL SUCH PERSONS TOGETHER BEING REFERRED TO AS "RELEVANT PERSONS"); OR
  4. LOCATED IN AUSTRALIA, CANADA, JAPAN OR ITALY; OR
  5. LOCATED IN A JURISDICTION WHERE IT IS UNLAWFUL TO DO SO.

BY CLICKING THE BUTTON BELOW LABELLED "I AGREE", YOU ARE CERTIFYING THAT (A) YOU ARE NOT IN THE UNITED STATES OR A U.S. PERSON; (B) IF YOU ARE IN THE EUROPEAN ECONOMIC AREA, YOU ARE A "QUALIFIED INVESTOR" OR A "NON-US QUALIFIED PERSON"; (C) IF YOU ARE IN THE UNITED KINGDOM, YOU ARE A "RELEVANT PERSON"; (D) YOU ARE NOT ACCESSING THIS WEBSITE FROM AUSTRALIA, CANADA, JAPAN OR ITALY; AND YOU ARE NOT LOCATED IN A JURISDICTION WHERE IT IS UNLAWFUL TO DO SO; AND (E) IF YOU ARE ACTING AS A FINANCIAL INTERMEDIARY AS THAT TERM IS USED IN ARTICLE 3(2) OF THE PROSPECTUS DIRECTIVE, THE SECURITIES ACQUIRED BY YOU AS A FINANCIAL INTERMEDIARY IN THE OFFER WILL NEITHER BE ACQUIRED ON A NON-DISCRETIONARY BASIS ON BEHALF OF, NOR WILL THEY BE ACQUIRED WITH A VIEW TO THEIR OFFER OR RESALE TO, ANY PERSON IN CIRCUMSTANCES WHICH MAY GIVE RISE TO AN OFFER OF ANY SECURITIES TO THE PUBLIC OTHER THAN THEIR OFFER OR RESALE IN ANY MEMBER STATE OF THE EEA WHICH HAS IMPLEMENTED THE PROSPECTUS DIRECTIVE TO QUALIFIED INVESTORS (AS DEFINED IN THE PROSPECTUS DIRECTIVE).

A "NON-US QUALIFIED PERSON" means:

  1. a person who is determined by each of the Company and the Dealer Managers in its sole discretion to be eligible to participate in the Invitation; or
  2. legal entities in the EEA that are authorised or regulated to operate in the financial markets in the applicable jurisdiction or, if not so authorised or regulated, whose corporate purpose is solely to invest in securities; or
  3. legal entities in the EEA that have (in the case of legal entities within Sweden, during each of the two preceding financial years) two or more of:
    1. an average of at least 250 employees during the last financial year;
    2. a total balance sheet of more than Euro 43,000,000; and
    3. annual net turnover of more than Euro 50,000,000, as shown in its last annual or consolidated accounts; or
  4. any other entity in the EEA in circumstances that do not require the publication of a prospectus in the applicable jurisdiction pursuant to Article 3 of the Prospectus Directive as implemented by a Member State of the EEA; or
  5. a person or legal entity that is resident in:
    1. Denmark;
    2. Finland;
    3. Germany;
    4. Luxembourg;
    5. The Netherlands;
    6. Sweden; or
  6. a person or legal entity that is otherwise resident in a jurisdiction in which delivery or deemed delivery of the securities to such person would not be unlawful,
    provided that any person falling under paragraph (e) above (who does not constitute a Non-U.S. Qualified Holder pursuant to the provisions of paragraphs (a) to (d) above) shall only be deemed to be a Non-U.S. Qualified Holder subsequent to the notification of the Prospectus by the CSSF to the competent authority in the relevant jurisdiction listed in paragraph (e) pursuant to Articles 17 and 18 of the Prospectus Directive.

IF YOU CANNOT SO CERTIFY, YOU MUST EXIT THIS WEBSITE.

BY ACCESSING THE MATERIALS ON THIS WEBSITE, YOU SHALL BE DEEMED TO HAVE MADE THE ABOVE REPRESENTATIONS AND CONSENTED TO DELIVERY BY ELECTRONIC TRANSMISSION.

 
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DONG Energy is one of the leading energy groups in Northern Europe. We are headquartered in Denmark. Our business is based on procuring, producing, distributing and trading in energy and related products in Northern Europe.

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  • DONG Energy A/S
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