Conclusion of a major agreement

Current report 10/2012 dated 01.03.2012

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. would like to report that yesterday, the company signed an agreement with Bank Zachodni WBK S.A. on investment loan in the amount of PLN 35 million. The loan is intended for refinancing hitherto investment expenditure incurred on construction of the ATMAN Data Centre in Warsaw and will not cause an increase in the Issuer’s debt, only change a portion of this debt from short-term to long-term.

The agreement contains a clause allowing for early repayment of a part of or whole loan without resulting in additional costs. Interest on the loan was set on the basis of WIBOR 1M rate plus the bank’s margin.

The loan agreement was concluded for a period of 5 years. The collateral for loan repayment is contractual mortgage of up to PLN 42 million on real property on which the server room facilities at the ATMAN Data Centre were constructed, conditional assignment of receivables from an insurance policy and power of attorney to credit bank accounts.

The agreement was considered a major agreement since its value exceeds 10% of the Issuer’s equity. The agreement does not include contractual penalties or provisions deviating from arrangements typical of agreements of this type.

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