With reference to current report no. 29/2010 dated June 21st, 2010 on establishment of securities in connection with the Agreement on refinancing the debt of the Ciech Group and agreement between the creditors, the Management Board of Ciech S.A. with its registered office in Warsaw (“Issuer”, “Ciech SA”), pursuant to § 5 (1) (1) of the Ordinance of the Minister of Finance of February 19th, 2009 on current and periodic information published by issuers of securities and the conditions of considering as equivalent of information required by the laws of a country not being a member state, with reference to current report no. 29/2010 dated June 21st, 2010 on establishment of securities in connection with the refinancing agreement referred to in current report no. 16/2010 dated April 26th, 2010 (“Loan”), informs that on August 9th, 2010 it was notified of establishment of aggregate capped mortgages on the following assets of Ciech SA’s subsidiary, Zakłady Chemiczne "Organika-Sarzyna" S.A.:
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 32252 (thirty two thousand two hundred and fifty two) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 36175 (thirty six thousand one hundred and seventy five) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 44291 (forty four thousand two hundred and ninety one) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 41507 (forty one thousand five hundred and seven) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 29668 (twenty nine thousand six hundred and sixty eight) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 39995 (thirty nine thousand nine hundred and ninety five) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures situated thereon, entered in land and mortgage register no. 33400 (thirty three thousand four hundred) maintained by the District Court in Leżajsk, Land and Mortgage Register Division;
- perpetual usufruct of land located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province, entered in land and mortgage register no. 12110 (twelve thousand one hundred and ten) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Wola Zarczycka, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures and facilities situated thereon, entered in land and mortgage register no. 44394 (forty four thousand three hundred and ninety four) maintained by the District Court in Leżajsk, Land and Mortgage Register Division;
- perpetual usufruct of land located in Wola Zarczycka, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures and facilities situated thereon, entered in land and mortgage register no. 47100 (forty seven thousand one hundred) maintained by the District Court in Leżajsk, Land and Mortgage Register Division;
- real property located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province, entered in land and mortgage register no. 37221 (thirty seven thousand two hundred and twenty one) maintained by the District Court in Leżajsk, Land and Mortgage Register Division;
- real property located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province, entered in land and mortgage register no. 37920 (thirty seven thousand nine hundred and twenty) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- real property located in Nowa Sarzyna, Nowa Sarzyna district, Leżajsk poviat, Podkarpackie Province, entered in land and mortgage register no. 43382 (forty three thousand three hundred and eighty two) maintained by the District Court in Leżajsk, 5th Land and Mortgage Register Division;
- perpetual usufruct of land located in Sarzyna, Leżajsk poviat, Podkarpackie Province and ownership of buildings and other structures and facilities situated thereon, entered in land and mortgage register no. 30886 (thirty thousand eight hundred and eighty six) maintained by the District Court in Leżajsk, Land and Mortgage Register Division;
- perpetual usufruct of land located in the town of Zawóz, Solina district, Lesko poviat, Podkarpackie Province and ownership of buildings and other structures and facilities situated thereon, entered in land and mortgage register no. KS1E/00009898/1 maintained by the District Court in Lesko, 4th Land and Mortgage Register Division.
Aggregate capped mortgages on the aforementioned real property were established for the following banks (separate aggregate capped mortgage for each bank):
- ING Bank Śląski S.A. with its registered office in Katowice
- up to the maximum sum of PLN 37,751,195.65 (thirty seven million seven hundred fifty one thousand one hundred and ninety five zloty and sixty five grosz) as security of claim on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under tranche A of the Loan (hereinafter “Loan A”) in PLN;
- up to the maximum sum of PLN 20,327,566.89 (twenty million three hundred twenty seven thousand five hundred and sixty six zloty and eighty nine grosz) as security of claim on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under tranche C of the Loan (hereinafter “Loan C”);
- up to the maximum sum of PLN 37,751,195.65 (thirty seven million seven hundred fifty one thousand one hundred and ninety five zloty and sixty five grosz) as security of claim on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under tranche B of the Loan (hereinafter “Loan B”),
- up to the maximum sum of PLN 37,751,195.65 (thirty seven million seven hundred fifty one thousand one hundred and ninety five zloty and sixty five grosz) as security of claim on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Release from Liability;
- Bank Handlowy w Warszawie S.A. with its registered office in Warsaw (REGON 000013037):
- up to the maximum sum of PLN 45,832,104.79 (forty five million eight hundred thirty two thousand one hundred and four zloty and seventy nine grosz) as security of claim on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in PLN;
- up to the maximum sum of PLN 17,585,723.15 (seventeen million five hundred eighty five thousand seven hundred and twenty three zloty and fifteen grosz) as security of claim on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan C;
- up to the maximum sum of PLN 28,168,199.83 (twenty eight million one hundred sixty eight thousand one hundred and ninety nine zloty and eighty three grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan B;
- up to the maximum sum of PLN 28,168,199.83 (twenty eight million one hundred sixty eight thousand one hundred and ninety nine zloty and eighty three grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Release from Liability;
- up to the maximum sum of EUR 3,775,119.57 (three million seven hundred seventy five thousand one hundred and nineteen euro and fifty seven cent) on account of guarantee for repayment of liabilities of Govora S.A. under Loan A – Govora.
- Polska Kasa Opieki S.A. with its registered office in Warsaw (REGON 000010205):
- up to the maximum sum of PLN 66,034,019.44 (sixty six million thirty four thousand and nineteen zloty and forty four grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in PLN;
- up to the maximum sum of EUR 232,315.05 (two hundred thirty two thousand three hundred and fifteen euro and five cent) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in EUR;
- up to the maximum sum of PLN 26,690,095.33 (twenty six million six hundred ninety thousand and ninety five zloty and thirty three grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan B;
- up to the maximum sum of PLN 26,690,095.33 (twenty six million six hundred ninety thousand and ninety five zloty and thirty three grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Release from Liability;
- up to the maximum sum of EUR 3,399,672.02 (three million three hundred ninety nine thousand six hundred and seventy two euro and two cent) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Additional Counterclaim;
- Powszechna Kasa Oszczędności Bank Polski S.A. with its registered office in Warsaw (REGON 016298263):
- up to the maximum sum of PLN 51,746,309.35 (fifty one million seven hundred forty six thousand three hundred and nine zloty and thirty five grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in PLN;
- up to the maximum sum of PLN 47,769,782.19 (forty seven million seven hundred sixty nine thousand seven hundred and eighty two zloty and nineteen grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan B;
- up to the maximum sum of PLN 14,519,690.64 (fourteen million five hundred nineteen thousand six hundred and ninety zloty and sixty four grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under tranche D of the Loan (hereinafter “Loan D”);
- up to the maximum sum of PLN 47,769,782.19 (forty seven million seven hundred sixty nine thousand seven hundred and eighty two zloty and nineteen grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Release from Liability;
- BRE Bank S.A. with its registered office in Warsaw (REGON 001254524):
- up to the maximum sum of PLN 25,395,988.70 (twenty five million three hundred ninety five thousand nine hundred and eighty eight zloty and seventy grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in PLN;
- up to the maximum sum of EUR 290,393.81 (two hundred ninety thousand three hundred and ninety three euro and eighty one cent) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in EUR;
- up to the maximum sum of USD 145,196.91 (one hundred forty five thousand one hundred and ninety six American dollar and ninety one cent) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in USD;
- up to the maximum sum of PLN 24,395,444.37 (twenty four million three hundred ninety five thousand four hundred and forty four zloty and thirty seven grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan B;
- up to the maximum sum of PLN 14,519,690.64 (fourteen million five hundred nineteen thousand six hundred and ninety zloty and sixty four grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan D;
- up to the maximum sum of PLN 24,395,444.37 (twenty four million three hundred ninety five thousand four hundred and forty four zloty and thirty seven grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Counterclaim;
- up to the maximum sum of PLN 24,395,444.37 (twenty four million three hundred ninety five thousand four hundred and forty four zloty and thirty seven grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Release from Liability;
- Bank Millennium S.A. with its registered office in Warsaw (REGON 1379728) up to the maximum sum of PLN 41,223,590.36 (forty one million two hundred twenty three thousand five hundred and ninety zloty and thirty six grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in PLN;
- DnB NORD Polska S.A. with its registered office in Warsaw (REGON 017296065) up to the maximum sum of PLN 14,519,690.64 (fourteen million five hundred nineteen thousand six hundred and ninety zloty and sixty four grosz) on account of guarantee for repayment of liabilities of “Ciech S.A. with its registered office in Warsaw under Loan A in PLN;
each of which has equal, the highest priority and priority over the following mortgages to be established in favour of:
- BNP Paribas S.A. in order to secure claims under the loan agreement dated June 14th, 2010 pursuant to which the debt under the loan agreement dated June 27th, 2008, as amended, between BNP Paribas S.A., Branch in Poland and “Ciech” S.A. is to be partially refinanced;
- Credit Agricole Corporate and Investment Bank S.A. Branch in Poland in order to secure its claim under the loan agreement dated June 14th, 2010, pursuant to which the debt under the loan agreement dated July 14th, 2008, as amended, between Calyon S.A., Branch in Poland and “Ciech” S.A. is to be partially refinanced;
- Fortis Bank Polska S.A. with its registered office in Warsaw in order to secure its claim under the loan agreement dated June 11th, 2010, pursuant to which the debt under multi-purpose credit line agreement no. WAR/3010/06/346/CB dated September 15th, 2006 as amended, between Fortis SA. and Ciech S.A. is to be partially refinanced.
The total value of assets on which aggregate capped mortgages were established is approximately PLN 54 868 thousand (as at July 31st, 2010).
The assets are considered assets with significant value since their value exceeds 10% of the Issuer’s equity.
There are no connections between people supervising and managing the Issuer and banks in favour of which the securities were established.
Establishment of aggregate capped mortgages results from the Agreement for refinancing the debt of the Ciech Group dated April 26th, 2010 and the Agreement between the creditors dated May 17th, 2010 and from documents notified by the Management Board of Ciech S.A. in current report number 29/2010 dated June 21st, 2010. The Management Board of Ciech S.A. assumes that notifications of establishment of other securities notified in current report number 29/2010 will be delivered soon.
Thus, the final formalities relating to refinancing the debt of the Ciech Group will be completed.
Signatures of the Company’s Representatives : Artur Osuchowski - Member of the Management Board