Acquisition of Electrica Muntenia Sud (EMS)

On April 25, 2008, as part of the privatization of Electrica Muntenia Sud (EMS) and in accordance with the privatization contract signed on June 11, 2007, Enel acquired 50% of EMS from Electrica for €395 million. At the same time, the shareholders’ meeting of EMS approved a capital increase that was subscribed by Enel in the amount of €425 million. Following the decision of EMS’s minority shareholder to exercise the right to subscribe a pro rata share of the capital increase, Enel’s final stake came to 64.4% of EMS. At the same time as the acquisition of EMS, in performance of the privatization contract, Enel granted Electrica a three-year put option giving the latter the right to sell a minimum of 13.6% of the EMS it still holds, as well as all other shares not sold to EMS employees as part of the mechanism giving them the right to subscribe up to 10% of the company’s share capital on the occasion of the privatization. Consequently, the shares subject to the option could vary from a minimum of about 13.6% to a maximum of 23.6% (if no employee should take up the right to subscribe the shares).