In June 2018, Occidental Chemical Corporation (‘OCC’) filed a complaint against more than one hundred parties, including Givaudan, in the federal district court of New Jersey, asserting claims under CERCLA related to certain portions of the Lower Passaic River. In February 2021, Givaudan and a number of other defendants filed third-party claims against the Passaic Valley Sewerage Commission and approximately 40 municipalities for contribution and for costs related to the prior study work and removal conducted by the CPG in the river. The introduction of those third-parties has caused, and will likely continue to cause, delays in the litigation. The parties are currently engaged in fact discovery, with fact depositions potentially beginning in second quarter 2022. At this time, there are many uncertainties associated with the final remediation plans for the River and the Company’s share of the costs, if any, related to the final remediation or the claims asserted by OCC. However, in accordance with accounting guidance, the Group has recorded a reserve which it believes can reasonably be expected to cover the Company’s obligation, if any, given the information currently available. The other material components of the environmental provisions consist of costs to sufficiently clean and refurbish contaminated sites and to treat where necessary. Other provisions These consist largely of provisions related to long-term deferred compensation plan and to restoring expenses related to leased facilities. 26. Own Equity Instruments Details of own equity instruments are as follows: As at 31 December 2021 Settlement Category Maturity Strike price (CHF) in equivalent shares Fair value in millions of Swiss francs Registered shares Equity 12,656 61 Purchased calls Gross shares Equity 2022 – 2023 1,680.0 – 3,475.3 47, 5 0 0 75 Written puts Gross shares Financial liability 2022 – 2023 1,680.0 – 3,369.3 47, 5 0 0 2 As at 31 December 2020 Settlement Category Maturity Strike price (CHF) in equivalent shares Fair value in millions of Swiss francs Registered shares Equity 16,570 62 Purchased calls Gross shares Equity 2021 – 2022 1,680.0 – 3,475.3 42,000 46 Written puts Gross shares Financial liability 2021 – 2022 1,680.0 – 3,369.3 42,000 1 27. Equity Share capital As at 31 December 2021 the share capital amounts to CHF 92,335,860, divided into 9,233,586 fully paid-up registered shares, with a nominal value of CHF 10.00 each. Every share gives the right to one vote. The Board of Directors has at its disposal conditional capital of a maximum aggregate amount of CHF 7,481,980 that may be issued through a maximum of 748,198 registered shares, of which a maximum of CHF 1,618,200 can be used for executive share option plans. At the Annual General Meeting held on 25 March 2021 the distribution of an ordinary dividend of CHF 64.00 per share (2020: CHF 62.00 per share) was approved. The dividend payment has been paid out of available retained earnings. Governance Report Compensation Report Consolidated Financial Report Statutory Financial Report Appendix 89 Givaudan — 2021 Governance, Compensation and Financial Report Notes to the consolidated financial statements
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