Conclusion of a conditional contract of sale of the right to perpetual usufruct of real properties

Current report no. 68/2015

The Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw at ul. Młynarska 42 (‘Company’) informs that it has been informed that on 02.06.2015 a conditional sale contract of real estate was concluded between the Company acting in the capa city of the Seller and Molina spółka z ograniczoną odpowiedzialnością 6 spółka komandytowo-akcyjna with its registered office in Warsaw acting in the capa city of the Buyer. The subject of the contract is (i) the right to perpetual usufruct of real properties located in Łódź, Widzew District, Łódzkie Voivodeship, for which the District Court for Łódź-Śródmieście in Łódź, XVI Land and Mortgage Register Division, maintains a land and mortgage register under Kw No. LD1M/00119800/9 (the ‘Subject of the Contract’) (the ‘Conditional Contract’).

 

Pursuant to the Agreement, the total gross price for the Subject of the Contract shal Mount to to PLN 2,636,313.41 (the ‘Price’).

 

The conclusion of the contract transferring the Real Property (the ‘Transfer Contract’) shall be conditional upon fulfilment of the requirements provided in the Conditional Contract, such as: (i) the Mayor of Łódź not exercising the City of Łódź’ pre-emptive right to the real property with the Kw nr LD1M/00145896/9 based on the Article109 sec. 1 item 2) of the act dated 21 August 1997, concerning real property management, (ii) obtaining documents issued by all of the motgagees holding the cover as motgages, containing agreements for relinquishing all the mortgages and crossing them out of the land and mortgage register, (iii)  obtaining financing as the result of which the Buyer shall obtain means to pay the conditional Price determined in the Contract, (iv) concluding a written agrement concerning the priority right to purchase the subject of the Contact between the Buyer and the Seller.

 

The parties agreed on an automatic termination of the Conditional Contract as of the end of 30 September 2015 in the case all of the conditions are not fulfilled (and the Buyer does not renounce its obligation to fulfil them).

 

The conclusion of the Conditional Contract is an element of operational restructuring realisation, of which the Company informed in current report no. 130/2012 on conclusion with financial creditors of an Agreement on the principles of managing the financial debt of the Company, and it constitutes performance of the Company's liabilities resulting from the annex to the Agreement on managing the financial debt of which the Company informed in detail in current report no. 150/2013 dated 25 October 2013.