Current Report No.: 30/2013
Current Report No.: 30/2013
Date of preparation: 23.09.2013
Short name of issuer: ENEA S.A.
Title: Determination of the terms of purchasing shares in PGE EJ1 Sp. z o.o.
Legal basis: Article 56 item 5 of the Act on Offerings - information update
Content of report:
The Board of ENEA S.A. informs that on 23 September 2013 ENEA S.A., PGE Polska Grupa Energetyczna S.A. ("PGE"), KGHM Polska Miedź S.A. and TAURON Polska Energia S.A., as a result of works connected with the development of the draft agreement of purchasing shares in the special purpose vehicle for the construction and operation of an atomic power plant (agreement of 25 June 2013), initialled the Shareholder agreement ("Shareholder Agreement"). Thus, the parties consistently declared that the initialled document constitutes a draft of a future Shareholder Agreement which will be concluded after obtaining required corporate consents of each party.
The Shareholder Agreement shall bind its parties to conclude the Purchase Agreement of shares in PGE EJ1 Sp. z o.o., a special purpose vehicle for the construction and operation of an atomic power plant ("Share Purchase Agreement"). Pursuant to the terms of the Shareholder Agreement PGE will sell a block totalling to 438,000 shares constituting 30% in the share capital of PGE EJ1 Sp. z o.o. to the other parties of the Shareholder Agreement, as a result of which PGE will hold 70% in the share capital of PGE EJ1 Sp. z o.o. The shares will be purchased in the following way:
- ENEA S.A. will purchase 146,000 shares constituting 10% in the share capital PGE EJ1 Sp. z o.o.- KGHM Polska Miedź S.A. will purchase 146,000 shares constituting 10% in the share capital PGE EJ1 Sp. z o.o.- TAURON Polska Energia S.A. will purchase 146,000 shares constituting 10% in the share capital PGE EJ1 Sp. z o.o.The Shareholder Agreement also contains the principles of participation of all the parties within the project of development and construction of an atomic power plant in Poland.
PGE and each of the business partners will be obliged to conclude the Share Purchase Agreement after satisfaction of two conditions precedent:
- obtaining a decision on the unconditioned consent of the President of the Office of Competition and Consumer Protection for the execution of the concentration;- adoption in this year by the Council of Ministers as a resolution of the Polish Atomic Power Engineering Programme.
