39/2013 – Conclusion of an agreement with Przedsiębiorstwo Napraw Infrastruktury sp. z o.o. in arrangement bankruptcy

With reference to the report concerning contractual penalty imposition no. 34/2013 of 28.03.2013, the Management Board of the company Trakcja S.A. (hereinafter: “the Company”) informs that the subject dependent on the Company: Przedsiębiorstwo Robót Kolejowych i Inżynieryjnych S.A. with its registered office in Wrocław („PRKiI”), on 22 April 2013 concluded with Przedsiębiorstwo Napraw Infrastruktury sp. z o.o. in arrangement bankruptcy with its registered office in Warsaw (hereinafter: “PNI”) an agreement pursuant to which the Parties terminated an executory agreement concluded between PRKiI (as the Partner) and PNI (as the Leader) of 25.10.2011, concluded with regard to the conclusion by a consortium comprising of:PNI, PKP Energetyka Spółka Akcyjna with its registered office in Warsaw, PRKiI, Dolnośląskie Przedsiębiorstwo Napraw Infrastruktury Komunikacyjnej Spółka z o. o. with its registered office in Wrocław and PKP Polskie Linie Kolejowe S. A. with its registered office in Warsaw, at ul. Targowa 74 (“the Contracting Party”) a Contract No. 90/116/0006/11/Z/I for construction works regarding basic lines within the section Wrocław – Grabiszyn – Skokowa and Żmigród – a border of Lower Silesian Voivodeship, under the project POIiŚ 7.1. – 4 “Modernisation of a railway line E 59 within the section Wrocław – Poznań, Phase II – section Wrocław – a border of Lower Silesian Voivodeship”, conclusion of which the Company informed about in the current report no. 34/2011 of 25.05.2011.

Pursuant to the aforementioned agreement, the Parties declared and confirmed that they have no claims against each other due to contractual penalties and interests thereon and in case such claims arise before the aforementioned agreement is concluded, they waive them unless the content of the agreement stipulates otherwise.

The Parties declared that they deem hitherto prevailing mutually charged contractual penalties as non-existent with an exception of the ones included in PRKil’s submission of claims in PNI’s bankruptcy proceedings, with a proviso that PNI questions the existence of such contractual penalties.Waiver of claims, including contractual penalties, does not concern any PRKiI’s claims that arose before the day of announcing PNI’s bankruptcy and that pursuant to law are included in an arrangement and indicated in PRKil’s submission of claims.

Legal grounds of forwarding a report: Article 56, section 1, point 1 of the Act on public offering, conditions governing the introduction of financial instruments to organised trading and public companies.