Current report No.: 2/2009
Current report No.: 2/2009
Date prepared: 9 January 2009
Short name of issuer: ENEA S.A.
Subject: Conclusion of a material agreement by Elektrownia Kozienice S.A.
Legal basis: Article 56 par. 1 pt. 2 of the Act on offerings – current and periodic information
Content of the report:
Acting pursuant to Clause 5 par. 1.3 of the Regulation of the Minister of Finance on current and periodic information published by issuers of securities of 19 October 2005 (the "Regulation"), the Management Board of ENEA S.A. (the "Issuer") announces that on 8 January 2009 the Management Board of Elektrownia Kozienice S.A. (the "Company") - a subsidiary of the Issuer, signed a framework agreement for the provision of energy coal for the years 2009 - 2013 with Katowicki Holding Węglowy S.A. (the "Agreement"). In executing the Agreement, additional agreements are to be concluded annually which will define such things as the amounts to be provided and the price of the coal in a given year. The estimated total value of the supplies, calculated according to the averaged price for 2009, amounts to PLN 2,081,520,000.00 net. For failure to deliver or non-acceptance of the summary amount of coal of a given grade as defined in the schedule with a ten per cent quarterly tolerance, contractual penalties will apply in the amount of 20 per cent of the value of the undelivered or unaccepted coal. Moreover, contractual penalties will apply in the event of non-adherence to the quality parameters of the coal at an agreed threshold value defined in detail in the yearly agreements: for a reduction in heat value of one per cent, for excess ash content of three per cent, for excess sulphur content of five per cent - actual values for a given batch of coal. If the above penalties do not cover the damage caused, the parties to the Agreement may seek compensation on general principles. Either party may terminate the agreement on one year's notice. The Issuer has the right to terminate the agreement on one month's notice if the average parameters of the coal are below those contracted for in two consecutive months. In such a situation, the termination will relate to that part of the supply which has not met the requirements. In the event that a yearly agreement is not signed by 31 January of the following year, the parties will perform the Agreement under the conditions in effect at that time until 30 June of the following year, upon which the Agreement will be terminated.
The Agreement is recognised as a material agreement because its value exceeds ten per cent of the Issuer's combined equity.
At the same time, on 8 January 2009, in executing the above Agreement, the Company and Katowicki Holding Węglowy S.A. signed a yearly agreement for the supply of energy coal for 2009 (the "Yearly Agreement"). The value of the supply according to the declared prices amounts to PLN 382,320,000.00 net. The Yearly Agreement defines in detail the amount of supplies in the period from 1 January to 31 December 2009, the quality parameters of the raw materials, the price, and provisions regarding transport of the coal. The Yearly Agreement does not constitute a material agreement within the meaning of the Regulation.