Confidential information - breach of material Agreement

Current report no. 72/2013

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’), the Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw (hereinafter referred to as the ‘Company’) informs that in the light of the provisions of the Agreement on 28 May 2013 there was a breach of the Agreement.

 

The breach of the Agreement consisted in receiving by the Company of a demand of RBS Bank (Polska) S.A. (hereinafter referred to as the “RBS”) to pay for RBS the amount of EUR 2.271.899.95 (i.e. PLN 9.521.987.07 based on average exchange rate of EUR/PLN stated by National Bank of Poland on 28 May 2013) as the payment by the Company of the guarantee granted by the Company for RBS under the guarantee Agreement of 12 August 2008 for repayment of the credit granted by RBS to Energop sp. z o.o. (Subsidiary Company of the Company) pursuant to credit agreement of 12 August 2008.

 

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 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.