Current Report No.: 26/2022
Current Report No.: 26/2022
Date of Preparation: 28 April 2022
Issuer's Abbreviated Name: ENEA S.A.
Subject: Adoption of a resolution to allocate the series D shares
Legal Basis: Article 17(1) of the Market Abuse Regulation - confidential information
Body of the report:
In reference to Current Report No. 20/2022 of 8 April 2022, the Management Board of ENEA S.A. ("Company") reports that in connection with the completion of the process of subscribing for ordinary series D bearer shares with a nominal value of PLN 1.00 (one zloty) each, issued on the basis of the resolution adopted by the Company's Extraordinary General Meeting of 8 April 2022 to increase the Company's share capital by issuing series D ordinary bearer shares, waiving all subscription rights of all existing shareholders to all series D shares, amending the Company's Statute, applying for admission and introduction to trading of series D shares and/or rights to series D shares on the regulated market operated by Warsaw Stock Exchange SA and dematerialization of series D shares and/or rights to series D shares ("Series D Shares"), on 28 April 2022 the Company's Management Board adopted a resolution to allocate 88,288,515 Series D Shares. The cash contributions to cover the Series D Shares were injected in their entirety. The issue price of the Series D Shares was PLN 8.50 per share.
The Series D Shares and the rights to the Series D Shares will be the subject of the Company's application for admitting and introducing them to be traded on the regulated market operated by Warsaw Stock Exchange S.A.
A detailed current report concerning the completion of the subscription for Series D Shares will be published in accordance with § 16 sec. 1 of the Minister of Finance's Regulation of 29 March 2018 on current and periodic information disclosed by issuers of securities and conditions for considering the information required by laws of a non-member state as equivalent (Journal of Laws of 2018, Item 757).
This current report and the information contained herein are subject to restrictions and are not intended for publication, announcement, distribution or transmission, directly or indirectly, in whole or in any part, in the United States of America, Australia, Canada, Japan or other countries where it would be unlawful for it to be published, announced, distributed or transmitted.
This current report has been prepared in accordance with the requirements of Article 17 sec. 1 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC and Article 56 sec. 1 item 2 of the Act of 29 July 2005 on Public Offerings and the Terms and Conditions for Introducing Financial Instruments to an Organized Trading System and on Public Companies ("Act on Public Offering").
This current report is for information only and satisfies the disclosure obligations resting on ENEA S.A. as a public company whose shares have been admitted and introduced to trading on the regulated market operated by Warsaw Stock Exchange SA, and in no event is it i) an offering or is it being published in order to promote, directly or indirectly, the purchase of or subscription for securities of ENEA S.A. with its registered office in Warsaw, nor does it aim to solicit, directly or indirectly, their purchase or subscription; or (ii) advertising or promotion prepared or published by the Company for the purpose of promoting securities of ENEA S.A., their subscription, purchase or offering, or in order to encourage investors, directly or indirectly, to purchase or subscribe for such securities.
This current report does not constitute advertising within the meaning of Article 22 of Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC.
This current report and any information contained therein is not intended for publication, announcement or distribution, directly or indirectly, in or into the United States of America or any other jurisdiction where such public distribution of information included in this material may be restricted or prohibited by law. The securities referred to in this material have not and will not be registered under the U.S. Securities Act of 1933, as amended, and may not be offered or sold in the territory of the United States of America, except for transactions that are not subject to the registration obligation under the U.S. Securities Act or under an exemption from such registration obligation.
Legal basis: Article 17 sec. 1 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (inside information).