Receipt of the demand for guarantee payment
The Management Board of Polimex-Mostostal S.A. (hereinafter referred to as the “Company”) hereby informs that on 7 October 2013 it was notified by Raiffeisen Bank Polska S.A. (hereinafter referred to as the "Bank") of the receipt by the Bank from the State Treasury - Generalny Dyrektor Dróg Krajowych i Autostrad (the General Director of National Roads and Motorways; hereinafter referred to as the “Beneficiary”) of a demand for payment of the amount of PLN 14,018,248.06 under a guarantee regarding the performance of the contract no. 4/12/R/2010 concluded on 22 December 2010 regarding: “Design and construction of the A1 motorway Stryków – “Tuszyn” junction along the section from 295+850 km (from “Stryków I” junction without the junction) to 335+937.65 km” (“Contract”), issued by the Bank.
The said guarantee (i) constitutes a partial performance bond of the Contract, (ii) was issued upon the request of the Company in favour of the Beneficiary as the leader of consortium comprising: the Company,
Doprastav a.s., MSF Polska Sp. z o.o., MSF Engenharia S.A. and Mostmar S.A. in bankruptcy.
The Company applied to the Bank for the prolongation of the guarantee until 29 May 2013 and
due to the refusal of its prolongation, it failed to comply with the obligation to prolong the performance bond up to the full value prescribed by the Contract.