17/2019 – Notification of the change of share in the total number of votes at the General Meeting of Boryszew S.A.

17/2019

Under Article 69 in conj. with Article 87 section 1 point 5 and Article 87 section 3 of the Act of 29 July 2005 on public offering and terms of introducing financial instruments to organised trading and on public companies (Journal of Laws No. 184, item 1539, with subsequent amendments) (the Act on Public Offering) Boryszew Spółka Akcyjna based in Warsaw (“Boryszew S.A.”) hereby notifies that as following the acquisition, on 13 March 2019, by its subsidiary Impexmetal S.A., in a block transaction on the Warsaw Stock Exchange, of 3 190 000 shares of Alchemia S.A. based in Warsaw (transaction settlement date: 15 March 2019), Boryszew Capital Group exceeded the 50% threshold in the share capital and the total number of votes at the General Meeting of Alchemia S.A. (obtained control over Alchemia S.A. under relevant accounting regulations), which led to direct and indirect change in the share of Boryszew S.A. in the share capital and the total number of votes at the General Meeting of Alchemia S.A. by more than 2% and indirectly (due to obtaining the possibility to exercise control over Boryszew shares held by Alchemia S.A.) the threshold of 15% in the share capital and the total number of votes at the General Meeting of Boryszew S.A. was exceeded against the level reported in the last notification submitted by Boryszew S.A. under Article 69 of the Act on Public Offering, i.e. in the notification submitted to the Polish Financial Supervision Authority on 1 October 2018.
Prior to the above mentioned transaction Boryszew S.A. held directly and indirectly through its subsidiaries: Impexmetal S.A., SPV Boryszew 3 Sp. z o.o. and Polski Cynk Sp. z o.o., 34 800 000 shares of Boryszew S.A., accounting for 14.50% (rounded off) of Company’s share capital, which carried 34 800 000 votes at the General Meeting, which accounts for 14.50% (rounded off) of the total number of votes at the General Meeting of Boryszew S.A., including:
– Boryszew 19 283 831 own shares carrying 19 283 831 votes at the General Meeting of Boryszew, accounting for 8.03% (rounded off) of share capital and the total number of votes at the General Meeting of Boryszew S.A,
– Impexmetal S.A. 13 346 169 shares of Boryszew S.A. carrying 13 346 169 votes at the General Meeting of Boryszew, accounting for 5.56% (rounded off) of share capital and the total number of votes at the General Meeting,
– SPV Boryszew 3 Sp. z o.o. 2 165 000 shares of Boryszew S.A., carrying 2 165 000 votes at the General Meeting of Boryszew, accounting for 0.90% (rounded off) of share capital and the total number of votes at the General Meeting,
– Polski Cynk Sp. z o.o. 5.000 shares of Boryszew S.A., carrying 5 000 votes at the General Meeting of Boryszew, accounting for 0.002% (rounded off) of share capital and the total number of votes at the General Meeting.

Following the above mentioned transaction, Boryszew S.A. held, directly and indirectly through subsidiaries: Impexmetal S.A., SPV Boryszew 3 Sp. z o.o., Polski Cynk Sp. z o.o. and Alchemia S.A., 38 000 000 shares of Boryszew S.A., accounting for 15.83% (rounded off) of share capital and the total number of votes at the General Meeting of Boryszew S.A., including:
– Boryszew S.A. 19 283 831 own shares carrying 19 283 831 votes at the General Meeting of Boryszew, accounting for 8.03% (rounded off) of share capital and the total number of votes at the General Meeting and indirectly through subsidiaries:
– Impexmetal S.A. 13 346 169 shares of Boryszew S.A. carrying 13 346 169 votes at the General Meeting of Boryszew, accounting for 5.56% (rounded off) of share capital and the total number of votes at the General Meeting,
– SPV Boryszew 3 Sp. z o.o. 2 165 000 shares of Boryszew S.A., carrying 2 165 000 votes at the General Meeting of Boryszew, accounting for 0.90% (rounded off) of share capital and the total number of votes at the General Meeting,
– Polski Cynk Sp. z o.o. 5.000 shares of Boryszew S.A., carrying 5 000 votes at the General Meeting of Boryszew, accounting for 0.002% (rounded off) of share capital and the total number of votes at the General Meeting,
– Alchemia S.A. 3 200 000 shares of Boryszew S.A. carrying 3 200 000 votes at the General Meeting of Boryszew, accounting for 1.33% (rounded off) of share capital and the total number of votes at the General Meeting.
There are no persons referred to in Art. 87 section 1 point 3 let. c of the Act on Public Offering, as well as no subsidiaries other than those mentioned in this notification that would hold shares of Boryszew S.A. and financial instruments related to shares of Boryszew S.A., referred to in Art. 69 section 4 point 7-9 of the Act on Public Offering.

Signatures:

Piotr Lisiecki – President of the Management Board

Translation from the original Polish version.
In the event of differences resulting from the translation, reference should be made to the official Polish version.