Ad hoc release according to § 15 WpHG (December 9, 2009)

December 19, 2009

Ad hoc announcement pursuant to § 15 WpHG on the acquisition of treasury shares for issue as employee shares and the implementation of a long-term compensation program for executives.

KWS SAAT AG, Einbeck, ISIN DE0007074007

On December 9, 2009, the Executive Board of KWS SAAT AG decided to acquire treasury shares for issuing employee shares in the period from January 6 to January 25, 2010 at the latest, pursuant to Section 71 (1) no. 2 AktG. The share buyback is carried out in accordance with the safe harbor regulations under § 20a (3) WpHG in conjunction with the Commission Regulation (EC) No. 2273/2003 of December 22, 2003. The number of shares to be repurchased after this resolution is based on the number actually required for the issue of shares to employees. In total, no more than 35,000 treasury shares will be repurchased. The scope of the share buyback program is also limited by a total purchase price of €4.2 million.

Furthermore, on December 9, 2009, the Executive Board of KWS SAAT AG decided to offer members of the executive bodies of the subsidiaries of KWS SAAT AG in the EU-27 (currently 29 persons) a separate compensation program with a variable remuneration component and a long-term incentive effect and risk character. In the period from January 6–22, 2010, participants will have the opportunity to acquire a maximum of 500 bonus-entitled KWS shares independently on the stock exchange. After expiry of a four-year holding period, a bonus amounting to 20% of the average price of the KWS share in January 2014 will be paid on each KWS share purchased.