A significant agreement

Current report 32/2009 dated 18.12.2009

Legal basis: Art. 56 subs. 1(2) of the Offer Act — Current and periodic information

The ATM S.A. Management Board hereby announces that on December 18, 2009, it entered into an agreement with the Minister of Economy on granting public aid to the Issuer for implementing the project “ATM Innovation Center” under Measure 4.5 of the “Innovative Economy 2007-2013” Operational Programme. The Issuer informed about the project being qualified for subsiding in the Current Report No. 52/2008 of December 12, 2008.

The agreement value, i.e. the amount of public aid, is PLN 72,320,578.20, which covers 22.51% of the qualified project costs (the total project implementation cost is PLN 392.02 million (VAT-inclusive), out of which PLN 321.28 million are qualified costs).

The planned investment includes building the ATM Innovation Center which will develop and deploy services based on state-of-the-art ICT technologies. The new center will be an expansion of the existing ATMAN-Grochowska Telecommunications Center.

The subsidized project will be implemented in the years 2010-2015 in a number of stages, each of which will contribute to the growth of the Issuer’s revenues and profits as a necessary condition for commencing each next stage according to the project implementation schedule.

The project will enable the ATMAN-Grochowska Communications Center to provide professional telecommunications services, particularly colocation and hosting services, even better aligned with the needs of the market. Also, the project will provide technology companies with outstanding opportunities to conduct and develop their business operations in ATM Innovation Center, including through the offered unique technical infrastructure.

The aid may take the form of advance payments for individual stages, with the proviso that the first advance payment may not exceed 30% of the total aid value. The financial settlement of each stage will take place after its completion. The project must be completed and all qualified costs must by fully settled until January 25, 2015.

The project’s implementation must comply with the agreement and with legal regulations on public aid. The agreement does not provide for contractual penalties. In case of a breach due to the Issuer’s fault, the agreement may be terminated by the Minister of Economy. As a consequence, the Issuer may be demanded to return the received aid with interest charged at the rate used for tax defaults.

The agreement is deemed significant because its value exceeds 10% of the Issuer’s equity.

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