Current Report No. 35/2016
Belongs to:
- Reports
Subject: Completion of the Bondholder Meeting for holders of series A bonds
Date: 29 September 2016
Current Report No. 35/2016
Legal basis: Other regulations
In reference to Current Report No. 28/2016 of 12 August 2016 and Current Report No. 32/2016 of 19 September 2016, the Management Board of ENERGA SA (“Issuer”) hereby announces the completion of the Bondholder Meeting for series A bonds coded by the National Depository for Securities with the ISIN number PLENERG00014, admitted and introduced to trading on the regulated market in the Catalyst platform organized by BondSpot SA, maturing on 18 October 2019 (“Bonds”), which was commenced on 19 September 2016 in the offices of the law firm Allen & Overy, A. Pędzich sp. k. located in Warsaw at Rondo ONZ 1, room 2, floor 34, 00-124 Warsaw, and which, after the break called on 19 September 2016, was resumed on 29 September 2016.
The Bondholder Meeting was attended by Bondholders representing all of the issued Bonds in the total number of 100,000 who voted IN FAVOR of the proposed amendments to the terms of issue of the Bonds put forward by the Issuer.
Consequently, as of 29 September 2016, the terms of issue of the Bonds shall be amended as follows:
- The definition of EBITDA contained in item 1 (Definitions) of the terms of issue of the Bonds shall be worded as follows:
“EBITDA: means, for the Last Twelve Months, operating profit (loss) plus amortization and depreciation and impairment losses on non-financial non-current assets, computed on the basis of the Issuer’s relevant annual audited consolidated financial statements or the Issuer’s interim consolidated financial statements, compliant with IFRS.”
- Item 3.6.1 of the terms of issue of the Bonds shall be worded as follows:
“3.6.1. The Interest Rate for a given Interest Period shall be the Base Rate (as defined below) plus an interest margin of:
(a) for Interest Periods ending until 19 October 2016: 1.50% per annum; and
(b) for Interest Periods starting from 19 October 2016 (inclusive): 1.70% per annum.”
An excerpt from the minutes of the Bondholder Meeting for holders of the Bonds will be published by the Issuer after the preparation of the minutes by the Chairman of the Bondholder Meeting.
The consolidated version of the terms of issue of the Bonds, as amended in accordance with the resolution of the Bondholder Meeting, will be published together with the excerpt from the minutes of the Bondholder Meeting.