Announcement of the intention to sell in public offering the subscription rights to the H-series shares, hitherto possessed by certain key shareholders and members of the management and supervision bodies of ATM S.A. (the
Current report 37/2007 dated 09.07.2007
The Company hereby informs that it has received a notification that the following Company shareholders: Roman Szwed (president of the Company’s Management Board), Tadeusz Czichon (Vice-President of the Company’s Management Board), Tomasz Tuchołka (Vice-President of the Company’s Supervisory Board), Dariusz Kiełkowski (Company’s proxy), Beata Czichon (wife of the Vice-President of the Company’s Supervisory Board), Antoni Chalimoniuk (advisor to the Management Board), and Piotr Puteczny (advisor to the Management Board), intended to sell, outside of the regulated market, their subscription rights to the Company’s H-series shares covered by the prospectus published on July 2, 2007 (hereinafter: the “Subscription Rights”).
According to the notification received by the Company, the Subscription Rights will be sold in public offering (hereinafter: the “Public Offering”). The investors, qualified under Art. 8 subs. 1 of the Parliamentary Act dated July 29, 2005, regarding “public offerings, the conditions of introducing financial instruments to the organized trading system, and public companies”, will be offered 1,622,559 Subscription Rights under the Public Offering. The Public Offering will be announced on July 9, 2007, through the Dom Inwestycyjny BRE Banku S.A. brokerage house (address: Warsaw, ul. Wspólna 47/49), by publishing at the www.dibre.pl website an announcement setting forth the principles of purchasing the Subscription Rights, which principles have been also attached to the notification received by the Company and is provided in an attachment to this Current Report.
The Public Offering in question does not constitute a “public offering” of the ATM S.A. company for the purpose of the Parliamentary Act dated July 29, 2005, regarding “public offerings, the conditions of introducing financial instruments to the organized trading system, and public companies”.
Roman Szwed — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board