Current Report No.: 33/2012
Current Report No.: 33/2012
Date of preparation: 05.09.2012
Short name of issuer: ENEA S.A.
Subject: Execution of a letter of intent to undertake actions aiming at the determination of the rules of cooperation and participation of ENEA S.A. in the construction of an atomic power station
Legal basis: Article 56 item 1(1) of the Act on Offerings - confidential information
Content of report:
The Management Board of ENEA S.A. ("Company") informs that on 5 September 2012 the Company signed a Letter of Intent based on which the parties to the Letter of Intent shall undertake actions to develop a draft agreement of purchase of shares in the special purpose vehicle, PGE EJ1 Sp. z o.o. ("Special Purpose Vehicle") which is responsible for the direct preparation of the investment process of the construction and operation of the first Polish atomic power plant ("Project").
The parties to the Letter of Intent are PGE Polska Grupa Energetyczna S.A., KGHM Polska Miedź S.A., TAURON Polska Energia S.A. and ENEA S.A. (collectively: "Parties").
Based on the Letter of Intent the Parties agreed that the draft agreement would include the rights and obligations of each Party by the realisation of the Project, assuming that PGE will, directly or through a subsidiary, act as a leader in the process of the Project realisation. The conditions of shares purchase in the Special Purpose Vehicle will include the financial outlays which have been so far incurred by PGE and its subsidiaries relating to the present realisation of the Project. Based on the Letter of Intent the Parties assumed the exclusivity for a further conduction of talks between the Parties in connection with the construction of an atomic power plant in Poland.
At this point the Company would like to note that although the Letter of Intent is the basis for the commencement of detailed negotiations within the development of the draft agreement for the purchase of shares in the Special Purpose Vehicle at this stage of talks it constitutes no liability of the Parties to conclude the share sale agreement and participation in the project.
The Letter of Intent expires on 31.12.2012 with a possibility of extension of its term by one quarter with the consent of all the Parties.
