Current reports
Current report no. 17/2012
Notification on transactions by persons having access to inside information and changes of share in the total number of votes
Legal basis:
Article 70 Section 1 of the Act on Public Offering – acquisition or disposal of a substantial block of shares
Article 160 Section 4 of the Act on Trading in Financial Instruments – information on transactions by persons having access to inside information
Contents of the report:
Acting pursuant to Article 70 Section 1 of the Act on Public Offering and Conditions Governing the Introduction of Financial Instruments to Organized Trading and Public Companies of July 29, 2005 (consolidated text Dziennik Ustaw of 2009 No. 185, Section 1439, as amended) and pursuant to Article 160 Section 4 of the Act on Trading in Financial Instruments (consolidated text Dziennik Ustaw of 2010 No. 211, Section 1384, as amended) Zespół Elektrowni „Pątnów-Adamów-Konin” S.A. (the “Company”) hereby informs that on December 6, 2012 the Company received from Mr. Zygmunt Solorz-Żak, being the indirect dominant entity of the Company and holding the position of the President of the Supervisory Board of the Company, notification on the indirect acquisition of the Company’s shares and a changes of share in the total number of votes, as follows:
In connection with holding the position of the President of the Supervisory Board of Zespół Elektrowni „Pątnów–Adamów–Konin” S.A. (the “Company”) and the increase in the interest indirectly held by me in the total number of votes in the Company, acting pursuant to Article 69 Section 2 Item 2 in connection with Article 69a Section 1 Item 3 and Article 87 Section 5 Item 1 and Item 3 of the Act on Public Offering and Conditions Governing the Introduction of Financial Instruments to Organized Trading and Public Companies of July 29, 2005 (consolidated text Dziennik Ustaw of 2009 No. 185, Section 1439, as amended) (the “Public Offering Act”) as well as Article 160 Section 1 Item 1 in connection with Article 160 Section 2 Item 4 Letter a) and b) of the Act on Trading in Financial Instruments (consolidated text Dziennik Ustaw of 2010 No. 211, Section 1384, as amended) (the “Trading Act”), I hereby notify of the acquisition of the own shares by the Company being my related person within the meaning of Article 160 Section 2 Item 4 Letter a) and b) of the Trading Act, resulting in an increase in the interest indirectly held by me in the total number of votes in the Company.
On the basis of the information disclosed by the Company in the current report No. 16/2012, on December 4, 2012 the Company acquired in a block transaction on the Warsaw Stock Exchange 1,202,453 of the Company’s shares for PLN 25.99 per one share with respect to the implementation of the stabilization option granted to the Stabilization Manager by virtue of the stabilization agreement concluded between the Company and the Stabilization Manager on October 22, 2012.
Prior to the acquisition by the Company of 1,202,453 of the Company’s shares I indirectly held in total 26,200,867 Company shares constituting 50.36% interest in the Company’s share capital and representing 26,200,867 votes at the general meeting of the Company, which constituted 50.36% of the total number of votes in the Company, consisting of (a) 196,560 Company shares constituting 0.38% interest in the share capital and representing 196,560 votes at the general meeting, which constituted 0.38% of the total number of votes in the Company held by Elektrim S.A., (b) 5,809,231 Company shares constituting 11.16% interest in the share capital and representing 5,809,231 votes at the general meeting, which constituted 11.16% of the total number of votes in the Company held by Embud sp. z o.o., and (c) 20,195,076 Company shares constituting 38.82% interest in the share capital and representing 20,195,076 votes at the general meeting, which constituted 38.82% of the total number of votes in the Company held by Polsat Media B.V.
Currently, as a result of the acquisition by the Company of 1,202,453 of the Company’s shares I indirectly hold in total 27,403,320 of the Company’s shares constituting 52.67% interest in the Company’s share capital and representing 27,403,320 votes at the general meeting of the Company, which constitutes 52.67% of the total number of votes in the Company, consisting of (a) 196,560 Company shares constituting 0.38% interest in the share capital and representing 196,560 votes at the general meeting, which constitutes 0.38% of the total number of votes in the Company held by Elektrim S.A., (b) 5,809,231 Company shares constituting 11.16% interest in the share capital and representing 5,809,231 votes at the general meeting, which constitutes 11.16% of the total number of votes in the Company held by Embud sp. z o.o., (c) 20,195,076 Company shares constituting 38.82% interest in the share capital and representing 20,195,076 votes at the general meeting, which constitutes 38.82% of the total number of votes in the Company held by Polsat Media B.V., and (d) 1,202,453 Company shares constituting 2.31% interest in the share capital and representing 1,202,453 votes at the general meeting, which constitutes 2.31% of the total number of votes in the Company held by the Company, subject to Article 364 §2 of the CCC under which the Company shall not exercise the rights attached to own shares (including voting rights), except for the right to dispose of the shares or actions aimed at preserving such rights.
Except for the entities mentioned above, I have no other subsidiaries that hold the Company’s shares.
I am not a party to any agreements the object of which is the transfer of the voting rights attached to the Company’s shares within the meaning of Article 87 Section 1 Item 3 Letter c) of the Public Offering Act.
I hereby give consent for my personal data to be processed in the performance of the obligation arising from Article 160 Section 4 of the Trading Act.
Legal basis: Article 70 Section 1 of the Act on Public Offering and Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies and Article 160 Section 4 of the Act on Trading in Financial Instruments.
Signatures of persons representing the company:
Katarzyna Muszkat – President of the Management Board
Anna Striżyk – Vice-President of the Management Board