Current report no: 28/2012
Date: 04.06.2012

Energomontaż-Południe S.A.’s evasion of the legal effects of declarations of intent with regard to sureties granted and a declaration on entering into a credit facility agreement

With reference to Current Report No. 71/2011 of 30 September 2011 concerning a surety by Energomontaż-Południe S.A. for corporate bonds of PBG S.A series C and D (Bonds), the Management Board of Energomontaż-Południe S.A. (the "Issuer") announces that on 4 June 2012, to the Management Board of PBG S.A. with its registered office in Wysogotowo near Poznań and the Management Board of ING Bank Śląski S.A. with its registered office in Warsaw, declarations were submitted by the Management Board of the Issuer on cancelling the declarations of intent contained in the "Guarantor's Declaration" documents of 30 September 2011, about which information was provided in the aforementioned Current Report No. 71/2011, which were submitted in connection with the surety granted by the issuer of the Bonds. The reasons for the cancellation of the declaration by the Issuer are formal irregularities as a result of which, in the Issuer's opinion, the surety agreement was not effectively concluded.

Moreover, with reference to Current Report No. 2/2012 of 10 January 2012 concerning Energomontaż-Południe S.A.'s entry into the credit facility agreement concluded between companies from the PBG Group and Bank Gospodarki Żywnościowej S.A., the Issuer announces that on 4 June 2012 a declaration by the Management Board of the Issuer was submitted to the Management Board of Bank Gospodarki Żywnościowej w Warszawie S.A. on the evasion of legal effects of the declarations of intent, about which information was provided in the aforementioned Current Report No. 2/2012, including declarations concerning the Issuer's liability in an amount exceeding PLN 3.98 million.

Legal grounds: Art. 56 par. 5 of the Act on Offerings – information update

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