Recommendation of the Management Board regarding the 2009 dividend

Current report 06/2010 dated 14.04.2010

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 June 8, 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%. Pursuant to this principle, the dividend assigned to shareholders from 2009 profit distribution should be PLN 0.16 per share, i.e. PLN 5,814,935 in total. However, the Company plans to perform important investment projects and the cost of capital remains very high. Therefore, just as in the case of 2008 dividend, this year, the Management board also proposes to assign the entire 2009 profit to the reserve capital of the Company, and will recommend this decision to the General Meeting.

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

 

Legal basis: art. 56 subs. 1 par. 2 of the Offer Act — current and periodic information

With reference to current report 35/2009 dated December 28, 2009 the Management Board of ATM S.A. informs that the Issuer concluded two agreements with IT Projects Centre of the Ministry of Interior and Administration as a result of the tender procedure concerning “The building and implementation of the nation-wide ICT network for the purpose of alarm telephone number 112”.

The subject of one of the above mentioned contracts is design, realization, delivery and implementation of nation-wide ICT network for the purpose of alarm telephone number 112 (OST112).
The gross value of the contract is PLN 148,778,652.30 gross with possibility to expand the cost to PLN 151,778,652.30 gross. The term of the contract execution was settled on December 23, 2011.

Stipulated penalties are typical for the commonly applied in such contracts and will be executed for delay of any work phase, extension of the permissible time of failure cancellation or extension of system unavailability time over the SLA limits.
In the event of the intentional non-fulfillment by the Issuer of the contract conditions such as: failure in delivery of software source codes or significant information to further developer or service team of the system, the Issuer may be charged stipulated penalty up to 30% of the contract value.
Moreover, in the event of non-fulfillment of the contract obligations, the Purchaser may terminate the agreement and demand from the Issuer stipulated penalties up to 10% of the contract value. The execution of the stipulated penalties does not exclude the right to vindicate compensation claims exceeding the value of the stipulated penalties on the general basis.

The subject of the other of the concluded agreements is setting of the nation-wide ICT network for the purpose of alarm telephone number 112 and provision of data transmission services.
The gross contract value is PLN 218,238,650.80 with the possibility to expand the cost to PLN 220,238,650.80 gross. The contract will be realized till December 31, 2013.
The conract provides for conclusion of the amendment concerning time extension of the data transmission service provision till the end of 2016.

Stipulated penalties are typical for the commonly applied in such contracts and will be executed for delay of any work phase, extension of the permissible time of failure cancellation or extension of system unavailability time over the SLA limits.
Stipulated penalty of PLN 10 million is provided for in case of Issuer’s lack of agreement for time extension of the data transmission service provision till the end of 2016 at most on the contract conditions.
Moreover in the event of the Issuer’s fault resulting in termination of the agreement by the Purchaser, the Issuer may be charged stipulated penalty up to 10% of the contract value. The execution of the stipulated penalties does not exclude the right to vindicate compensation claims exceeding the value of the stipulated penalties on the general basis.

Both agreements were acknowledged as significant as the value of each of them exeeds 10% of the Issuer’s equities.

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