Confidential information - breach of material Agreement
With reference to the current report no. 130/2012 of 21 December 2012 on the conclusion of Agreement specifying the terms and conditions of financing the Company by the creditors (hereinafter referred to as the ‘Agreement’), and current report 46/2013 of 10 April 2013, the Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw (hereinafter referred to as the ‘Company’) informs that as of 31 May 2013 there was a breach of the Agreement.
The breach of the Agreement consisted in failure to reach by the Company prescribed by the Agreement revenues of issuance of series N1, N2 and O shares (“New Series Shares”) in the total amount of PLN 250 million in the period specified by the creditors being the Party to the Agreement, i.e. until 31 May 2013. As of the day of this report, since the date of conclusion of the Agreement, the Company has obtained the revenues of issuance New Series Shares (i.e. for issuance of series N1 shares) in the amount of PLN 200 million, of which the Company informed in current report no. 131/2012 of 22 December, no. 133/2012 of 28 December 2012 and 1/2013 of 2 January 2013.
The most significant result of occurrence of said breach is the likelihood of termination of the Agreement by the creditors, whose receivables constitute at least 66,6 and 2/3% of the total exposure of all the creditors being the party to this Agreement.
The Company informs that it has submitted to the financial creditors - arties to the Agreement - a petition for revocation of the breach of the Agreement described in this current report.