The Management Board of Netia S.A. (the 'Company' or 'Netia') hereby informs that on 3 August 2015 the Company was informed about constitutive filing into the pledge register the registered pledge established on fixed assets of significant value of the Issuer (as the pledger) for the benefit of mBank S.A. with its registered seat in Warsaw (the ‘mBank’ or ‘Pledgee’) on the basis of a judgment of the District Court for the Capital City of Warsaw, XI Business Department for Pledge Register from 21 July 2015 (WA.XI.Ns-Rej.Za 9687/15/636).
The pledge was established on the fixed assets of the Issuer on the basis of the agreement dated 15 July 2015, concluded by the Issuer and mBank in order to secure the obligations of the Issuer resulting from the credit facility agreement concluded on 9 July 2015 with mBank and DNB Bank Polska S.A. and DNB Bank ASA (see the current report of the Issuer No 45/2015 of 15 July 2015) to the maximum sum of the security that amounts PLN 600,000,000.00 (six hundred million zloty 00/100). The fixed assets that were encumbered with the registered pledge constitute of the set of movables that represent the organisational whole – the set of wiring in the sewage system. The booking value of the fixed assets encumbered by the registered pledge, determined on the basis of the Issuer’s balance sheet as of 30 June 2015, is PLN 322,286,592.30 (three hundred twenty two million two hundred six thousand five hundred ninety two zloty 30/100). The pledge agreement provides for the limitation of transferability of the fixed assets encumbered with the registered pledge for the time of its duration and the encumbrance with the registered pledge also the future pieces of the set of movables that is the subject of the agreement. In the remaining scope the terms of the pledge agreement do not differ from the terms commonly used in trade for this type of agreements. The pledge agreement does not provide for any contractual penalties. The registered pledge was established upon its filing in the register, i.e. on 21 July 2015. There are no relations between the Issuer, the persons managing or supervising the Issuer and the Pledgee.
The fixed assets that constitute the subject of the registered pledge were regarded as the assets of significant value due to the fact that their booking value, which is also the value of the subject of the pledge agreement, exceeds 10% of the value of Issuer’s equity.
Moreover, the Management Board of the Issuer informs that on 15 July 2015 the Issuer concluded with the Pledgee the second agreement that provides for establishment of the registered pledge on the set of fixed assets – owned by the Issuer set of movables that represent the organisational whole – the set of movables constituting the core sewer system available in the Republic of Poland, of the joint booking value of PLN 367,774,860.64 (three hundred sixty seven million seven hundred seventy four thousand eight hundred sixty zloty 64/100), i.e. exceeding 10% of the value of Issuer’s equity (the assets of significant value). Establishing the registered pledge on the abovementioned assets is also aimed at securing the obligations of the Issuer resulting from the credit facility agreement concluded on 9 July 2015 with mBank and DNB Bank Polska S.A. and DNB Bank ASA (see the current report of the Issuer No 45/2015 of 15 July 2015) to the maximum sum of the security that amounts PLN 600,000,000.00 (six hundred million zloty 00/100). The agreement concerning the establishment of the registered pledge on the abovementioned assets was concluded on the same terms as the pledge agreement referred to hereinabove. To the knowledge of the Issuer the registered pledge on the abovementioned assets has not been established yet (until today), since the Issuer has not received any judgement of filing the pledged on the abovementioned assets to the pledge register. The joint value of registered pledges that were established or will be established by the Issuer for the benefit of the Pledgee is PLN 690,061,452.94 (six hundred ninety million sixty one thousand four hundred fifty two zloty 94/100).
§ 5(1)(1 and 3) in conjunction with § 7 and § 9 of the Regulation dated 19 February 2009 regarding current and interim reports published by issuers of securities and on conditions of considering as equivalent the information required by law of a non-member state (consolidated text Journal of Laws of 2014, item 133, as amended) and Art. 56(1)(2) of the Act on Public Offering, the Conditions Governing the Introduction of Financial Instruments to Organized Trading, and on Public Companies (consolidated text Journal of Laws of 2013, item 1382, as amended).