Conclusion of an annex to a material agreement
The Management Board of Polimex-Mostostal S.A. (hereinafter referred to as the ‘Company’) hereby informs that on 30 September 2013 the Company and its creditors being a party to the agreement dated 21 December 2012 with respect to the rules of the Company’s financial debt service (hereinafter referred to as the ‘Agreement’) concluded an annex to the Agreement (hereinafter referred to as the ‘Annex’) pursuant to which:
(i) Creditors expressed their consent to the suspension until 31 October 2013 of repayment of all interest payments which – pursuant to the Agreement – the Company was to have paid to the Creditors in September and October 2013;
(ii) banks being a party to the Agreement undertook that by 31 October 2013 they would make available to the Company all the available operating credits up to the total value of their limits despite the occurrence and continuation of a breach of the Agreement;
(iii) Creditors undertook that by 31 October 2013 they would neither block nor limit Company’s access to financial assets on the Company’s bank accounts despite the occurrence and continuation of a breach of the Agreement.
The Management Board of the Company further informs that pursuant to the Annex banks being a party to the Agreement declared that they would undertake measures aimed at the issue upon the Company's order, irrespective of the occurrence and continuation of a breach of the Agreement, within the framework of a New Guarantee Facility (of which the Company informed in current report no. 132/2012 dated 22 December 2012), of a guarantee totalling not less than 30 million Polish zlotys (inclusive of guarantees issued pursuant to Annex no. 2 to the Agreement dated 4 July 2013 of which the Company informed in current reports nos. 96/2013 and 97/2013), the issue of which will enable the Company to demand reimbursement of deposits retained by ordering parties to secure the Company’s liabilities resulting from the contracts being executed.
The Annex was entered into subject to a condition subsequent, i.e. the Annex will be automatically terminated and deemed not concluded as of 4 October 2013 if by that time the Creditors and the Company fail to execute a document providing for initial terms of the second stage of restructuring of the Company’s financial debt.