4/2014 – Amendment to the Agreement resulting in exceeding the significant value

The Management Board of Trakcja PRKiI S.A. (former Trakcja S.A., hereinafter the “Company”), hereby informs that today, i.e. 18 February 2014 the Company received Annex no. 1 of 14 January 2014 (“Annex”) to the Subcontracting Agreement no. U/07C/012/13 of 15 April 2013 (“Agreement”). The Annex was concluded between Trakcja PRKiI S.A. based in Warsaw and FCC Construcción S.A. (“FCC”) based in: c/Balmes 36, 08007 Barcelona, Spain, operating through the Branch in Poland, FCC Construcción S.A. Spółka Akcyjna Oddział w Polsce, based in Warsaw, ul. Ludna 2, 00-406 Warsaw, entered in the register of entrepreneurs KRS under the number: 0000376784, the leader of the consortium “Konsorcjum FCC AZVI DCM”, consisting of the following members:

·        FCC CONSTRUCCIÓN S.A.,

·        AZVI S.A. y DECOMA SP. Z O.O.

Pursuant to the aforementioned Annex no. 1, the Parties to the Agreement decided to increase the scope of construction works defined in Chapter 8.1 – Contact Line, Section 4 of Appendix no. 1 to the Agreement, adding: the Czempiń stations from km 131,080 to km 134,500; the Mosina station from km 144,400 to km 147,300; the Luboń k/Poznania station from km 156,500 to km 159,000; the Mosina-Luboń k/Poznania route from km 147,300 to km 156,50.

The increased scope of works also covers collective and individual structure bonding of acoustic screens.

In connection with the concluded Annex no. 1, the value of the subject of the Agreement increased by net PLN 35,352,344.00 (in words: thirty five million three hundred and fifty two thousand three hundred and forty for zloty), meaning that FCC, as the Contractor, shall pay to Trakcja PRKiI S.A., as the Subcontractor, the total price increased to the net amount of approximately PLN 53,179,941.20 (in words: fifty three million one hundred and seventy nine thousand nine hundred and forty one zloty 20/100). This price will be increased by the due VAT. The final price will be the product of multiplying the actually performed volume of works, in line with requirements of the specification, by unit prices provided in Appendix no. 1A to the aforementioned Annex no. 1.

The completion date for the works defined in the aforementioned Annex no. 1 was agreed by the Parties as 21 September 2015.

The criterion of recognizing the Agreement as significant is the fact that as a result of concluding the Annex no. 1, the value of the subject of the Agreement exceeds 10% of the value of the Company’s equity.

Legal basis:

§ 5 par. 1 item 3 of the Ordinance of the Minister of Finance of 19 February 2009 on current and periodical information provided by issuers of securities, and conditions of recognizing equivalent information as required under law regulations of a non-member state.