Change of the listing agent and the issue sponsor in the prospectus for Series III Bonds and Series K Shares (8/2010)
On 28 April 2003 Netia SA (“Netia”, the “Company”) and Centralny Dom Maklerski Pekao S.A. (“CDM”) concluded an agreement concerning firm-commitment underwriting for Series III Bonds and providing services in connection with the issue of series K shares by Netia (for the purposes of the Stock Option Plan) based on the prospectus of 17 April 2002 (the “Prospectus”), amended by amendment No. 1 of 12 March 2004 and amendment No. 2 of 26 November 2007 (“Agreement”). On 28 January 2008, UniCredit CAIB Poland S.A., with its registered seat in Warsaw (“UniCredit”), purchased a branch of CDM, which constituted an organized part of an enterprise that encompassed, among other things, CDM’s rights and obligations under an Agreement between CDM and Netia .
In connection with the above, on the date of this report, Netia and UniCredit have signed an amendment to the Agreement in which they formalized the assumption of CDM’s rights and obligations by UniCredit by changing the identity of the listing agent for the series III bonds described in chapter III of the Prospectus, and the listing agent and issue sponsor for series K shares also described in chapter III of the Prospectus. Netia and UniCredit further made certain technical changes which do not constitute a change of the rules of subscribing for the securities covered by the Prospectus but require to be announced in the form of a current report:
a) the number of the bank account to which payments for series III bonds should be made. Payments for series III bonds should be made to UniCredit’s account No. 48 1240 6247 1111 0000 4979 8542 maintained by Bank Pekao S.A. Payments should bear the note: “Wpłata na Obligacje III Serii – nabycie od subemitenta usługowego” (“Payment for series III bonds – purchase from the firm-commitment underwriter);
b) the number of the bank account to which payments to which payments for series K shares should be made. Payments for series K shares should be made to UniCredit’s account No. 48 1240 6247 1111 0000 4979 8542 maintained by Bank Pekao S.A. Payments should bear the note: „Wpłata na Akcje Serii K Netii S.A.”;
c) the location where subscription orders for series III bonds and series K shares are accepted has changed to the offices of UniCredit in Warsaw located at Emilii Plater 53, 24th floor; and
d) the details of the listing agent for series III bonds and series K shares have changed to:
UniCredit CAIB Poland S.A.
Ul. Emilii Plater 53
Tel. +48 22 586 29 99
Fax +48 22 586 29 98
Legal basis: Art. 81 section 1 of the Act on Public Trading in Securities dated 21 August 1997 (Journal of Laws: 05.111.937, amended and restated) in connection with Art. 128 of the Act on Trading in Financial Instruments dated 29 July 2005 (Journal of Laws of 2005, No. 183, item 1538).