Current report No.: 3/2009
Current report No.: 3/2009
Date prepared: 14 January 2009
Short name of issuer: ENEA S.A.
Subject: Registration by the court of changes to the amount of ENEA S.A.'s share capital
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 13 January 2009, the District Court for Poznan-Nowe Miasto and Wilda in Poznan, VIII Division Commercial of the National Court Register registered, in closed session, an increase of the share capital of the Issuer from PLN 337,626,428 to PLN 441,442,578 through an issue of 103,816,150 ordinary bearer shares of series "C". Upon registration of the increase, the amount of share capital of the Issuer was PLN 441,442,578. The total number of votes resulting from all issued shares of the Issuer is 441,442,578.
The share capital structure after the increase in the share capital of the Issuer is as follows:
• 295,987,473 ordinary bearer shares of series "A",
• 41,638,955 ordinary registered shares of series "B", and
• 103,816,150 ordinary bearer shares of series "C".
Moreover, pursuant to Article 39 par.1 pt. 2 of the Regulation, the Issuer announces that, in connection with the registration of the increase in the share capital of the Issuer, Article 6 par. 1 of the statute of the Issuer has been changed.
The wording which was in effect:
"The share capital of the Company is PLN 337,626,428.00 (three hundred thirty-seven million six hundred twenty-six thousand four hundred twenty-eight zlotys) and consists of 337,626,428 (three hundred thirty-seven million six hundred twenty-six thousand four hundred twenty-eight) shares of a par value of PLN 1 (one zloty) each, of which:
1) 295,987,473 (two hundred ninety-five million nine hundred eighty-seven thousand four hundred seventy-three) are ordinary registered shares of series "A",
2) and 41,638,955 (forty-one million six hundred thirty-eight thousand nine hundred fifty-five) are ordinary registered shares of series "B"."
The current wording:
“The share capital of the Company is PLN 441,442,578 (four hundred forty-one million four hundred forty-two thousand five hundred seventy-eight zlotys) and consists of 441,442,578 (our hundred forty-one million four hundred forty-two thousand five hundred seventy-eight) shares of a par value of PLN 1 (one zloty) each, of which:
1) 295,987,473 (two hundred ninety-five million nine hundred eighty-seven thousand four hundred seventy-three) are ordinary registered shares of series "A",
2) and 41,638,955 (forty-one million six hundred thirty-eight thousand nine hundred fifty-five) are ordinary registered shares of series "B", and
3) 103,816,150 (one hundred three million eight hundred sixteen thousand one hundred fifty) are ordinary bearer shares of series "C"."
