13D Filing: Vivendi and Telecom Italia S P A New (NYSE:TI)

Page 4 of 7 – SEC Filing


(iv) authorize the Directors to act notwithstanding the prohibition on competition set forth by Art. 2390 of the Italian Civil Code, where applicable.

The Reporting Persons is soliciting proxies from the holders of the Issuers Shares for the election of its proposed slate and the approval of its
proposed resolutions, and has prepared an information prospectus in connection with such solicitation which was reviewed by the Consob (the Italian financial markets regulator). An English translation of the prospectus is attached hereto as Exhibit
1 and incorporated herein by reference.

Item 5. Interest in Securities of the Issuer.

Item 5 of the Schedule 13D is hereby amended as follows:

(a) As of the date of this Statement, the Filing Person beneficially owned 3,640,109,990 Shares, constituting 23.943% of the outstanding Shares. The percentage of Shares owned is based upon 15,203,122,583, as reported by
the Issuer on December 14, 2016.
(b) The number of Shares as to which there is sole power to vote or direct the vote, shared power to vote or direct the vote, sole power to dispose or direct the disposition, or shared power to dispose or direct the
disposition for the Filing Person is set forth on the cover page in items 7 through 10.
(c) On December 6, 2016, Vivendi acquired 2,781,960 Shares of the Issuer through open market purchases in order to bring its interest back up to previous levels.
(d) Not applicable.
(e) Not applicable.

Item 7. Material to be filed as Exhibits.

Exhibit 1 Informational Prospectus on the Solicitation of Voting Proxies (English translation).

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