Current report no : 31/2013
Report date : 10/8/2013
Abbreviated name : Ciech SA
Subject : Additional contributions to the capital of the Soda Deutschland Ciech GmbH subsidiary and repayment of the loan granted to Soda Deutschland Ciech GmbH by CIECH S.A.
Legal basis : Art. 56 section 1 point 2 of the Law on Public Offering – current and periodic information
Report :
Pursuant to § 5 section 1 point 3), with reference to § 9 of the Regulation of the Minister of Finance of 19 February 2009 regarding current and periodic information provided by issuers of securities, as well as terms and conditions under which information required by legal regulations of a third country may be recognised as equivalent (Journal of Laws of 2009, No. 33, item 259, as amended), the Management Board of CIECH S.A., with a registered office in Warsaw, declares that it has taken a decision regarding additional contributions to the capital of Soda Deutschland Ciech GmbH and obtainment of information about repayment of the loan granted by CIECH S.A. to Soda Deutschland Ciech GmbH (“the Company”).
CIECH S.A., as the sole shareholder of the Company, acting pursuant to a Resolution of the Extraordinary Shareholders’ Meeting of Soda Deutschland Ciech GmbH of 8 October 2013, undertook to make additional contributions to the capital of Soda Deutschland Ciech GmbH (according to section 272 § 2 of the German Commercial Companies Code – Handelsgesetzbuch) to the amount of EUR 99,730,226 (say: ninety-nine million seven hundred thirty thousand two hundred and twenty-six) (“the Transaction”).
The criterion for considering the Transaction as a significant agreement is the value of additional contributions made by CIECH S.A., which exceeds 10% of the value of revenues from sale of the Issuer’s capital group for a period of the last four accounting quarters.
Moreover, CIECH S.A. represents that on 8 October 2013 it received information from the Management Board of Soda Deutschland Ciech GmbH that the funds obtained from additional contributions will be first used to repay the loan granted to the Company on 19 December 2007 by CIECH S.A., to the amount of EUR 95,100,000 (say: ninety-five million one hundred thousand), including due interest (the Issuer provided information about the granted loan in current report No. 77/2007 of 20 December 2007). To the best knowledge of the Issuer, the additional contributions will render the repayment of the aforementioned loan possible.
Signatures of the Company’s Representatives : Dariusz Krawczyk – President of the Management Board
