NOTIFICATION PURSUANT TO ARTICLE 36, § 1, PARAGRAPH 2, 11°, OF THE LAW OF 1 APRIL 2007 ON TAKEOVER BIDS

The CBFA, acting pursuant to Article 36, § 1, paragraph 2, 1° and 14°, of the Law of 1 April 2007, has ordered the German companies Eckert & Ziegler Strahlen- und Medizintechnik AG (EZAG) and SMI Steglitz MedInvest UG (SMI) to launch a mandatory takeover bid on the publicly held shares, type ‘B’ beneficiary shares and warrants of International Brachytherapy s.a. (IBt), with registered office at 7180 Seneffe, Zone Industrielle C (VAT number BE 0457.288.682, Charleroi commercial register).

On 26 February 2008 EZAG took a share in the capital of IBt subsequent to making a contribution in kind. The contribution was paid for by 6,750,000 new shares of IBt at the price of €3.47 per share. In this manner, EZAG acquired 29.89% of voting rights in IBt. On the same day, the founders of IBt granted EZAG a call option on their 5,000,000 type ‘A’ beneficiary shares in IBt. These class ‘A’ beneficiary shares do not confer any proprietary rights but only voting rights. These shares represent 22.14% of securities with voting rights.

On 22 December 2008 EZAG transferred this call option to SMI, which exercised the call option on the same day. The financing for exercising the option was provided by Eckert Wagniskapital und Frühphasenfinanzierung GmbH (EWK), a company owned by Dr. Andreas Eckert, the CEO of EZAG as well as a significant shareholder of EZAG. In the same agreement of 22 December 2008, SMI granted EZAG a call option and EZAG granted SMI a put option on the beneficiary shares obtained by SMI upon exercising the aforementioned call option.

According to the CBFA, on account of these agreements EZAG and SMI are to be regarded as persons acting in concert, who, as a result of having exceeded the threshold of 30% of the IBt securities with voting rights, are jointly and severally obliged to launch a takeover bid. The exceeding of the 30% threshold took place, according to the CBFA, on 26 January 2009, the day when the beneficiary shares were actually acquired by SMI pursuant to its exercise of the call option.

The mandatory takeover bid concerns all IBt securities with voting rights or that confer access to voting rights, and that are not yet held by EZAG and SMI, for a price of €3.47 per share; as far as the class ‘B’ beneficiary shares and the warrants are concerned, the price offered may contain no other differences vis-à-vis the shares than those resulting from their respective characteristics.

By way of derogation from Article 54, § 2, of the Royal Decree of 27 April 2007 on takeover bids, the CBFA accepted that, instead of cash, the price offered can also consist of securities or of a combination of cash and securities. Should the price offered not consist of liquid securities admitted to trading on a regulated market, then a price in cash will also have to be offered as an alternative.

The acceptance period of the offer must start not later than within 40 working days, or else – in the event that an appeal is lodged with the Court of Appeal of Brussels to suspend the decision – not later than within 40 working days after the said court has, if applicable, rejected the appeal.

If the parties have unsuccessfully requested that the CBFA withdraw or alter this decision, the said decision may be appealed before the Court of Appeal of Brussels.