Current reports
Current report no. 33/2022
Conclusion of annex 3 to preliminary share purchase agreement in PAK-Polska Czysta Energia sp. z o.o.
Legal basis:
Art. 17 sec. 1 MAR – inside information
Contents of the report:
The Management Board of ZE PAK SA („Company”), with reference to the current report no. 31/2021 of December 20, 2021, regarding the conclusion by the Company of a preliminary agreement for the sale of shares in PAK-Polska Czysta Energia sp. z o.o., current report no. 11/2022 of March 30, 2022, regarding conclusion of the annex by the Company to the preliminary share purchase agreement in PAK-Polska Czysta Energia sp. z o.o. with its seat in Konin („PAK-PCE”), representing 67% of share capital of PAK-PCE, which was concluded by the Company with Cyfrowy Polsat SA with its seat in Warsaw on December 20, 2021 („CP”, „Agreement”), as well as the current report no. 24/2022 of June 27, 2022, regarding decision made by the Company on the conclusion of annex 2 with CP to the Agreement and transfer of ownership of an organized part of Konin Power Plant enterprise to PAK-PCE Biopaliwa i Wodór sp. z o.o., hereby informs of concluding annex 3 to the Agreement with CP („Annex 3”).
The subject of Annex 3 is the change of the end date (the so-called long stop date) by which all conditions precedent of the Agreement, which will be postponed from September 30, 2022, to January 5, 2023, should be fulfilled.
The concluded Annex 3 means that the final goal planned by the Company and CP in the agreement of December 20, 2021, regarding the acquisition of 67% of shares in PAK PCE by CP, remains unchanged and is to be achieved by January 5, 2023. Currently, CP holds a 40.4% stake in PAK PCE and the Company holds the remaining 59.6% stake in PAK PCE.
The Transaction is a significant transaction with a related entity within the meaning of Art. 90h of the Act of July 29, 2005 on public offering and the conditions for introducing financial instruments to an organized trading system and on public companies (Journal of Laws of 2021, item 1983, as amended).
Given that the Transaction will take place on market conditions, there will be no breach of the interests of the Company or the shareholders who are not related parties, including minority shareholders.
Signatures of persons representing the Company:
Piotr Woźny – President of the Management Board
Maciej Nietopiel – Vice President of the Management Board
Zygmunt Artwik – Vice President of the Management Board