Disposal of an organised part of the enterprise

With reference to current report no. 95/2013 dated 2 July 2013 regarding conclusion by Polimex - Mostostal S.A. with its registered office in Warsaw at ul. Czackiego 15/17 (hereinafter referred to as the ‘Company’) and company WELDON Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Brzezówka, KRS number 0000165528 (hereinafter referred to as the ‘Buyer’) of a preliminary contract of sale of an organised part of the Company’s business, i.e. Zakład Zabezpieczeń Antykorozyjnych Branch Division Dębica of Dębica (hereinafter referred to as the ‘Zakład’), the Management Board of the Company hereby informs that due to the fulfilment of most of the conditions precedent provided for in the Preliminary Contract and denouncement of the fulfilment of the remaining ones, on 7 August 2013 there was concluded a contract of sale with the Buyer regarding the sale of an organised part of Polimex-Mostostal S.A., i.e. the Zakład (hereinafter referred to as the ‘Promised Contract’).
The company undertook to pay the Buyer a contractual penalty in the amount of 2.5% (two point five per cent) of the sale price in the event of making an untrue representation provided for in the Contract if – within 1 (one) calendar year of the conclusion of the Promised Contract of Sale of the Zakład (hereinafter referred to as the ‘Closing Date’) – selected representations made by the Company appear to be untrue as of the Closing Date, save that:
1. total amount of the foregoing contractual penalties (in the event of more than one breach) may not exceed 8 % (eight per cent) of the sale price, and 
2. the contractual penalty provided for hereinabove shall only and exclusively be due if the loss incurred by the Buyer in relation to a specific breach of the Company’s representation exceeds the amount of PLN 100.000 (one hundred thousand Polish zlotys). 
The Promised Contract does not provide for a prerequisite or effective date of the Contract. It does not deviate from the terms generally applicable to this type of contracts.
The price of sale of the organised part of the enterprise had been provided for in the Promised Contract in the total amount of PLN 18,315,361.27 (eighteen million, three hundred and fifteen thousand, three hundred and sixty-one point two seven Polish zlotys).