Current report 43/2020 correction

Legal basis: Article 17 (1) MAR – confidential information

The Management Board of ATM S.A. with its registered office in Warsaw hereby submits a correction to the Current Report No. 43/2020 dated October 17, 2020. The correction concerns the clarification of information included in the original report.

Content of the report before correction:

Acting on the basis of Art. 17 (1) of the MAR Regulation, the Management Board of ATM S.A. (“Issuer”) informs that on October 17, 2020 it received a joint notification from MCI Capital Towarzystwo Funduszy Inwestycyjnych S.A., acting on behalf of MCI. Privateventures Fundusz Inwestycyjny Zamknięty – Subfund MCI.Euroventures 1.0 (“MCI”), AMC Capital IV Albatros S.A R.L (“AMC”) and Terve Bidco S.à r.l. (“Buyer”) about concluding by MCI, AMC and the Buyer a preliminary agreement providing for, among others: (i) sale by MCI 606,438 shares in the Issuer’s share capital to the Buyer; (ii) sale by MCI 596,278 shares in the share capital of AAW III sp. z o.o., being the Issuer’s majority shareholder, holding 98.33% of shares in the Issuer’s share capital (“AAW”), to the Buyer; and (iii) sale by AMC of 199,821 shares in the share capital of AAW to the Buyer (“Transaction”).
According to the notification, the closing of the Transaction depends, among other things, on obtaining a decision of the President of the Office of Competition and Consumer Protection approving the concentration.
As a result of concluding the agreements promised in the performance of the Preliminary Agreement (after the conditions precedent to the Transaction have been fulfilled), the Buyer will acquire 100% of shares in the share capital of AAW and directly 606,438 shares in the share capital of the Issuer (i.e. 1.67% of all shares of the Issuer as of the date of this current report) and indirectly (through AAW) 98.33% of the Issuer’s shares.

Content of the report after correction:

Acting on the basis of Art. 17 (1) of the MAR Regulation, the Management Board of ATM S.A. (“Issuer”) informs that on October 17, 2020 it received a joint notification from MCI.PrivateVentures FIZ – MCI.EuroVentures 1.0 sub-fund (“MCI”), AMC Capital IV Albatros S.A. R.L. (“AMC”) and Terve Bidco S.à r.l Buyer”), from which it follows that MCI and AMC, which are shareholders of AAW III sp. z o.o. (the “Majority Shareholder”), which holds 35,736,906 bearer shares of the Issuer representing 98.33% of the Issuer’s share capital, and the Buyer concluded a preliminary sale agreement concerning the purchase of 100% of shares in the Majority Shareholder and the purchase of 606,438 bearer shares of the Issuer representing 1.67% of the Issuer’s share capital by the Buyer (the “Transaction”).
According to the notification, the closing of the Transaction depends, among other things, on obtaining a decision of the President of the Office of Competition and Consumer Protection approving the concentration constituting the Transaction and obtaining statements of selected customers of the Issuer confirming that the Transaction will not lead to the termination of existing agreements with such customers.
The notice also indicates that, where applicable, after the closing of a Transaction, the parties will make a notification to that effect in accordance with the provisions of Art. 69 and subsequent of the Act of 29 July 2005 on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and Public Companies, and will perform other disclosure obligations in accordance with the requirements of the relevant provisions of law.

Signatures:
Daniel Szcześniewski – President of the Management Board
Adam Ponichtera – Member of the Management Board