Conclusion of a significant agreement

Current report 28/2014 dated 14.08.2014

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

The Management of ATM S.A. (hereafter: “Company”) with the registered office in Warszawa informs that today the Company signed the Agreement with the bank Bank Zachodni WBK S.A. with the registered office in Wrocław, for the investment credit amounting 30 million zlotys. The credit is destined for refinancing of investment expenditures born in years 2012-2014 and spent on construction of ATMAN Data Center in Warsaw.

The Agreement has the provision allowing for premature payment of the part or the whole credit without any additional cost born due to this premature payment. The interests of this credit were defined on the basis of the rate WIBOR (Warsaw Interbank Offered Rate) 1M plus the bank margin.

The Credit Agreement was concluded for the period of 5 years. The credit payment guarantee comprise:

Ccontractual joint capped rate mortgage to the amount at the most 45 million zlotys, set for the benefit of Bank Zachodni WBK S.A. on the real estate, on which the server buildings were constructed within ATMAN Data Center
Cession from the real estate insurance policy covering occurrence of ill-fated events in respect of buildings and objects on the area of the afore mentioned real estate
Power of attorney to debit the bank accounts of the Company at the bank

Moreover, the Parties of the Credit Agreement committed to conclude a transaction reducing the interest rate risk (IRS) in order to limit the risk of variability of the interest rate for the amount of 18.75 million zlotys of unused credit for the period of at least 2 years. The transaction will be concluded within a month from the date of credit release.

The Agreement was considered to be a significant one because its value exceeds 10% of the issuer’s own capital. The Agreement does not include contractual penalties nor the stipulations substantially different from common stipulations of this kind of agreements.

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