Management Board of ATM S.A. based in Warsaw hereby submits the correction of the Current Report No. 43/2020 of 17 October 2020. The correction concerns the clarification of the information contained in the original report.
Content of the report before the correction:
Acting pursuant to Art. 17 par. 1 of the MAR Regulation, the management board of ATM S.A. ("Issuer") informs that on October 17, 2020, it received a joint notification from MCI Capital Towarzystwo Funduszy Inwestycyjnych SA, acting on behalf of MCI.Privateventures Fundusz Inwestycyjny Zamknięty - Subfundusz MCI.Euroventures 1.0 ("MCI"), AMC Capital IV Albatros SA RL ("AMC") and Terve Bidco S.à rl ("Buyer") on the conclusion by MCI, AMC and the Buyer of a preliminary agreement providing for, inter alia: (i) sale by MCI of 606,438 shares in the Issuer's share capital to the Buyer; (ii) sale by MCI of 596,278 shares in the share capital of AAW III sp. z o.o., which is the Issuer's majority shareholder, holding 98.33% of the Issuer's share capital ("AAW"), to the Buyer; and (iii) the sale by AMC of 199,821 shares in AAW's share capital to the Buyer (the "Transaction").
According to the notification, the closing of the Transaction depends, inter alia, on obtaining a decision of the President of the Office of Competition and Consumer Protection approving the concentration.
As a result of the conclusion of the promised contracts in the performance of the Preliminary Agreement (after fulfilling the conditions precedent of the Transaction), the Buyer will acquire 100% of AAW's share capital and directly 606,438 shares in the Issuer's share capital (i.e. 1.67% of all Issuer's shares for date of this current report) and indirectly (through AAW) 98.33% of the Issuer's shares.
Content of the revised report:
Acting pursuant to Art. 17 par. 1 of the MAR Regulation, the Management Board of ATM S.A. ("Issuer") informs that on October 17, 2020, it received a joint notification from MCI.PrivateVentures FIZ - a subfund of MCI.EuroVentures 1.0 ("MCI"), AMC Capital IV Albatros S.A. R.L. ("AMC") and Terve Bidco S.à r.l. ("Buyer"), from which it follows that MCI and AMC, who are shareholders of AAW III sp. Z oo ("Majority Shareholder"), which holds 35,736,906 bearer shares of the Issuer constituting 98.33% of the Issuer's share capital and The buyers have entered into a preliminary sales agreement regardingacquisition of 100% of the shares of the majority shareholder and acquisition of 606,438 bearer shares in the Issuer, constituting 1.67% of the Issuer's share capital by the Buyer ("Transaction").
According to the notification, the closing of the Transaction depends, inter alia, on obtaining a decision of the President of the Office of Competition and Consumer Protection approving the concentration constituting the Transaction and obtaining statements of selected Issuer's clients confirming that the Transaction will not lead to the termination of existing contracts with such customers.
The notification also indicated that, if applicable, after closing the Transaction, the parties will make an appropriate notification in accordance with the provisions of Art. 69 and subsequent of the Act of 29 July 2005 on Public Offering and Conditions Governing the Introduction of Financial Instruments to Organized Trading, and on Public Companies, and will perform the remaining disclosure obligations in accordance with the requirements of the relevant legal regulations.
Source: company website, investor relations, current and periodic reports.