Current report 10/2009

Legal basis: Art. 56 (1) (1) of the Offer Act — confidential information

The Management Board of ATM S.A. disclosed its dividend policy in the current business report No. 25/2006 of 8 June 2006. Namely, it recommends annually that the General Assembly pay a dividend in an amount depending on prices of shares in the last month of the year upon applying EURIBOR plus 0.5%. The current financial condition of the Company enables it to follow such dividend policy with respect to the profit generated in 2008. However, the current economic situation characterized by problems with obtaining capital and high costs related thereto, as well as the high demand for financing required in order to deliver current investments, the Management Board proposes to allocate the entire profit for the year 2008 to the Company’s reserve capital. The Management Board will recommend to the General Assembly to pass a suitable resolution. It also believes that the General Assembly should consider passing a resolution on allocating a part of the reserve capital to paying the postponed dividend for 2008 next year, if the economic situation gets back to normal.

Signatures:
Roman Szwed — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board