40/2019 – Conclusion of annexes to the bridge financing documentation

With reference to the following current reports of the company Trakcja PRKiI S.A. (‘Company’) No. 12/2019 dated 13 June 2019 regarding the conclusion of agreements regarding bridging financing, No. 19/2019 dated June 21, 2019 and No. 20/2019 dated June 24, 2019. regarding the conclusion of annexes to the financing documentation, current report of the Company No. 20/2019 of June 26, 2019 regarding the correction of the current report No. 20/2019 dated June 24, 2019, No. 32/2019 dated July 29, 2019 on the conclusion of an annex to the loan agreement and No. 33/2019 dated July 30, 2019 regarding the conclusion of annexes to the financing documentation the Management Board of the Company informs that on 29 September 2019, the Company signed the following documents:

1. annex to the loan agreement concluded on June 13, 2019 between the Company and COMSA, S.A.U. (‘Loan Agreement’) and annexed on June 24, 2019 (as announced by the Company in current report No. 20/2019) and on July 30, 2019 (as announced by the Company in current report No. 33/2019), according to which the repayment date of the loan was changed to September 28, 2019.
2. annex to the loan agreement concluded on June 13, 2019 (‘Credit Agreement’) between the Company and its subsidiaries, i.e. Bahn Technik Wrocław sp. z o.o., PRK 7 Nieruchomości sp. z o.o., Przedsiębiorstwo Drogowo Mostowe BIAŁYSTOK S.A., Przedsiębiorstwo Produkcyjno – Usługowe “DALBA” sp. z o.o. (‘Related Entities’), mBank S.A. and Credit Agricole Bank Polska S.A. (‘Annex to the Credit Agreement’) and annexed on June 21, 2019 (as announced by the Company in current report No. 19/2019) and 30 July 2019 (as announced by the Company in current report No. 33/2019).

According to the Annex to the Loan Agreement, after the conditions precedent set out in the Annex to the Credit Agreement have been fulfilled (‘Conditions precedent to the Credit Agreement’):

1. the period of granting the working capital loan will be extended until September 24, 2019 (inclusive);
2. the availability period for each guarantee line will be extended until September 24, 2019 (inclusive); and
3. the repayment date of the working capital loan will be changed to September 27, 2019.

The Conditions Suspending the Loan Agreement include, among others deferring the repayment date of the loan under the Loan Agreement and making changes to the agreement between creditors concluded on June 13, 2019 between: the Company and Related Entities, mBank S.A., Credit Agricole Bank Polska S.A., Bank Polska Kasa Opieki S.A., AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A., Credendo – Excess & Surety Societe Anonyme, operating in Poland through Credendo – Excess & Surety S.A. branch in Poland, Sopockie Towarzystwo Ubezpieczeń ERGO Hestia S.A., Korporacja Ubezpieczeń Kredytów Eksportowych S.A., Generali Towarzystwo Ubezpieczeń S.A., Powszechny Zakład Ubezpieczeń S.A., UNIQA Towarzystwo Ubezpieczeń S.A. and COMSA, S.A.U.

Apart from the above changes, no significant provisions of the Agreement between the Creditors and the Loan Agreement have not changed.

Legal basis:

Art. 17 para. 1 MAR