Conclusion of a conditional contract of sale of real estate

Current report no. 67/2015

The Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw at ul. Młynarska 42 (the ‘Company’) informs that it has been informed that on 02.06.2015 a conditional sale contract of real estate was concluded between the Company acting in the capa city of the Seller and Molina spółka z ograniczoną odpowiedzialnością 2 spółka komandytowo-akcyjna with its registered office in Warsaw acting in the capa city of the Buyer. The subject of the contract is the real estate located in Płock, municipality of Płock, Mazowieckie Voivodeship, for which the District Court for Płock, VI Land and Mortgage Register Division, maintains a land and mortgage register under Kw No. PL1P/00097863/8 (the ‘Real Estate’) (the ‘Conditional Contract’).

 

Pursuant to the Conditional Contract, the total net price for the Real Estate shall amount to PLN 1,400,000.00 and shall be increased by the value added tax due at the applicable rate of 23% or exempt from this tax (the ‘Price’).

 

The conclusion of the contract transferring the Real Property (the ‘Transfer Contract’) shall be conditional upon fulfilment of the requirements provided in the Conditional Contract, such as: (i) providing the Buyer with documents issued by all mortgagers who own mortgages, including their consent to exempt the Subject from all mortgages and to remove these mortgages from land and mortgage registers; (ii) obtaining financing as a result of which the Buyer obtains funds to pay the conditional price stipulated in the Conditional Price Contract; (iii) concluding a written agreement on the preference right to the acquisition of the Subject betweeen the Buyer and the Seller; (iv) acquring by the Buyer of a certificate of inteded use of the Property in the land use conditions and directions study that shall satisfy the Buyer.

 

The Parties have agreed on automatic termination of the Conditional Contract as of the end of 30 September 2015 in the case all of the conditions are not fulfilled (and the Buyer does not renounce its obligation to fulfill them).

 

The conclusion of the Conditional Contract is an element of operational restructuring realisation of which the Company informed in current report no. 130/2012 on conclusion with financial creditors of the Agreement on the principles of managing the financial debt of the Company, and it constitutes performance of the Company's liabilities resulting from the annex to the Agreement on managing the financial debt of which the Company informed in detail in current report no. 150/2013 dated 25 October 2013.