Signing an annex to the major agreement

Current report 54/2012 dated 31.10.2012

Legal basis: Article 56 (1) (2) of the Act on Public Offering — current and periodic information

The Management Board of ATM S.A. would like to inform you that, on 30 October 2012, it concluded with the Minister of Economy an annex to the major agreement on co-financing for 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 signing the major agreement in the Current Report No. 32/2009 of 18 December 2009 and of the project being qualified for subsiding in the Current Report No. 52/2008 of 12 December 2008.

The intent of the Management Board of the Issuer was signing an updating annex, based on the current schedule and scope of works carried out, and primarily, reflecting the current value of the innovative project that is PLN 162.8 million gross instead of PLN 395 million set in 2008. At the same time, the co-financing level has been maintained, amounting to 22.51% of eligible costs.

Consequently, the value of the agreement, i.e. amount of the co-financing received is currently PLN 29,789,283.80 and accounts for 22.51% of eligible costs of the project amounting to PLN 132.34 million.

Amendments made with respect to the scope and size of the investment project resulted from the need to adjust the implementation of investment plans to current market needs within the time framework of the project being subsidised, i.e. until 2015. After that period, the Management Board of the Issuer does not exclude the continuation of this investment project financed from own resources.

The project co-financing will involve refinancing of investments already made. Investments will be refinanced on a quarterly basis. All eligible costs of the project shall be completed and fully settled by 23 April 2015.

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

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

Maciej Krzyżanowski — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board