Agreements concluded by a company from the ATM Capital Group with a financial institution

Current report 06/2012 dated 08.02.2012

Legal basis: Article 56 section 1 item 2 of the Act on public offering — current and periodic information

The Management Board of ATM S.A. reports that in 2011, ATM Systemy Informatyczne S.A., a subsidiary of ATM S.A., concluded agreements with BNP Paribas S.A., the total value of which meets the criteria of a major agreement in reference to ATM S.A. These included the following agreements:

  1. Agreement of 14 October 2011 on multi-purpose credit line, to the maximum amount of PLN 25 million
  2. Framework agreement of 13 October 2011 concerning conclusion of forex and derivative transactions for the amount of PLN 6 million

The total maximum limits specified in these agreements amount to PLN 31 million.

The agreement with the highest value is the agreement on multi-purpose credit line. It was concluded for the period from 14 October 2011 until 13 October 2021 and specified the overdraft limit at up to PLN 10 million, the limit for warranties at up to PLN 15 million and for letters of credit at up to PLN 15 million, with a reservation that the maximum total amount of liabilities shall not exceed PLN 25 million.

The interest rate on bank overdraft was set as WIBOR 1M plus the bank’s margin. The warranty cost depends on the warranty period and is set in the form of a percentage rate on the warranty amount in amounts typical of banking products of this type. The commission and charges due to open letters of credit are specified in the Bank’s Tariff of Commissions and Charges.

The collateral for repayment of ATM Systemy Informatyczne S.A.’s debt due to this agreement is a blank promissory note, general assignment of existent and future trade receivables and a declaration of submission to enforcement. The subject agreement does not provide for contractual penalties. Its remaining terms and conditions do not deviate from terms and conditions applied by banks to agreements of this type.

Since the total amount of limits in agreements concluded between ATM Systemy Informatyczne S.A. and BNP Paribas S.A. is PLN 31 million, they meet the criterion of a major agreement since their total amount exceeds 10% of ATM S.A.’s equity.

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