Signing the preliminary sale agreement concerning the purchase of shares in the share capital of the majority shareholder of ATM S.A. and shares in the share capital of ATM S.A.
Current report 43/2020 submitted on 17.10.2020 at 15:16
Legal basis: Article 17 (1) MAR – confidential information
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.
Daniel Szcześniewski – President of the Management Board
Adam Ponichtera – Member of the Management Board