64/2011 - Information about an annex to a material agreement.

The Management Board of Trakcja - Tiltra S.A. (the “Company”) hereby informs that yesterday, i.e. on 31 August 2011, an annex was executed to the agreement of 18 November 2010 concluded between the Company, Comsa S.A., the Lithuanian companies Tiltra Group AB and AB Kauno Tiltai and their shareholders, i.e. UAB NDX Energija, AB Invalda and natural persons being minority shareholders (“Shareholders of the Tiltra Group”), the conclusion of which was communicated by the Company in the Current Report No. 35 of 18 November 2010 (the “Agreement”).

On the basis of the executed annex, the parties agreed that the timeline for undertaking any measures aimed at summoning the General Meeting of the Company’s Shareholders, whose agenda is to cover voting on resolutions on (i) a conditional increase in the share capital of the Company by the amount of PLN 32,021,096 through issuing up to 320,210,960 shares with exclusion of pre-emption rights of the present shareholders and a resulting change to the Articles of Association of the Company, and (ii) issuing 320,210,960 subscription warrants entitling to take up shares in the conditionally increased share capital of the Company, shall be prolonged until 31 October 2011. The General Meeting of Shareholders will not be summoned in a case of an effective withdrawal by Mr. Jacek Jurek of his action and, as a consequence, a final closure by the Court of proceedings in case no. XX GC 195/11. The Company informed about the action mentioned above in the Current Report No. 15/2011 of 23 February 2011 and the Current Report No. 22/2011 of 6 April 2011.
An agreement is considered to be material if its total value exceeds 10% of the Company’s equity.

Legal basis: § 5, paragraph 1, point 3 of the Regulation of the Minister of Finance dated 19 February 2009 on the current and periodic disclosures to be made by issuers of securities and conditions for recognition as equivalent of information whose disclosure is required under the laws of a non-member state.