45/2009/K – Correction entry of the current report no 45/2009 – drafts of resolutions for Extrardinary General Meeting of Boryszew S.A. of November 23rd, 2009

45/2009/K

The Management Board of Boryszew S.A. makes the correction entry to the current report no 45/2009 nof November 26th, 2009 regarding drafts of resolutions on the Extraordinary General Meeting of Boryszew S.A. on November 23rd, 2009, as follows:

In the draft of resolution no 4 it was written:
(Draft)
Resolution No 4
Of the EGM of Boryszew S.A. of November 23rd, 2009
Regarding: the increase of the share capital of the Company by issue of serie E shares.

The Extraordinary General Meeting, acting according to art. 431 § 1, 432 § 1 and 2 of the Commercial Companies Code and according to § 13 passage 4 of the Statute of Boryszew S.A. (Company) resolves as follows:
§ 1
1. Shares capital of the Company has been increased from the amount of PLN 6,268,654.70 (say: six million two hundred sixty eight thousand six hundred fifty four and 70/100 Polish zloty) by the amount of PLN 30,000,000.00 (say: thirty million Polish zloty) to the amount of PLN 36,268,654.70 (say: thirty six million two hundred sixty eight thousand six hundred fifty four and 70/100 polish zloty) through the issue of 300,000,000 (say: three hundred millions) of ordinary bearers E serie shares of the Company of the nominal value of PLN 0.10 (say: 10/100 Polish zloty).
2. Serie E shares may be covered only by money deposit and shall be paid in total before the notification by the Management Board of the Company to the registered court of the increase of the share capital of the Company. Money deposit is understood as payment in cash in the cash deck, transfer to the bank account or deduction with due cash receivables.
3. Serie E shares participate in dividend starting from January 1st, 2009 unless they are registered in the National Deposit of Securities S.A. (KDPW0 to that day in which the list of the Company’s shareholders entitled to dividend for the turning year starting from January 1st, 2009 and ending at December 31st, 2009 (Dividend’s Day) is set. If the Serie E shares will be registered in KDPW after Dividend’s day, they will participate in dividends starting from January 1st, 2010.
4. Issue of Serie E shares will be by closed subscription conducted in form of public offer (according to act of July 29th, 2005 on the public offer and conditions of introducing of financial instruments to the organized turnover system and the public companies (Act on Offer).
5. The existing shareholders of the Company will be entitled the right of collection of Serie E shares. For each one A, B, C or D shares possessed on the end of day of collection right, the shareholder of the Company is entitled one collection right. Taking into account the amount of issued Serie E shares, each one collection right entitles to cover of 5 (say: five) Serie E shares.
6. The day of stating shareholders, who are entitled to the collection right of Serie E shares is the day ………………………. .
7. According to art. 27 passage 2 point 3 of the Act of July 29th, 2005 on the public offer and conditions of introducing of financial instruments to the organized turnover system and the public companies it is agreed to apply for the admission of all Serie E shares, collection right of Serie E shares and rights to Serie E shares to the turnover on the Stock Exchange in Warsaw S.A. The Management Board of the Company is authorized for all activities connected with duties above mentioned.
8. Serie E shares not covered by shareholders under the execution of the right of serie E shares’ collection may be allocated in its sole discretion by the Management Board of the Company.
9. The Management Board of the Company is authorized to take all activities connected with the increase of the share capital of the Company and the offer of Serie E shares as well as to set the detailed conditions of the issue. In particular, the Management Board is authorized to: a) set the issue price of Serie E shares, b) rules of allocation of Serie E shares, which will not be covered under the execution of collection right, c) set the dates of opening and closing of the subscription.
10. The issue price of Serie E shares at the level of the nominal price, e.g PLN 0.10 (say: 10/100 Polish zloty).
§ 2
The resolution has been passed in a public vote.
§ 3
The resolution is in force from the date of its passing.

It should be written:

(Draft)
Resolution No 4
Of the EGM of Boryszew S.A. of November 23rd, 2009
Regarding: the increase of the share capital of the Company by issue of serie E shares.

The Extraordinary General Meeting, acting according to art. 431 § 1, 432 § 1 and 2 of the Commercial Companies Code and according to § 13 passage 4 of the Statute of Boryszew S.A. (Company) resolves as follows:
§ 1
1. Shares capital of the Company has been increased from the amount of PLN 6,268,654.70 (say: six million two hundred sixty eight thousand six hundred fifty four and 70/100 Polish zloty) by the amount of PLN 31,343,273.50 (say: thirtyone million three hundred forty three thousand two hundred seventy three and 50/100 Polish zloty) to the amount of PLN 37,611,928.20 (say: thirty seven million six hundred eleven thousand nine hundred twenty eight and 20/100 polish zloty) through the issue of 313,432,735 (say: three hundred thirteen million four hundred thirty two thousand seven hundred thirty five Polish zloty) of ordinary bearers E serie shares of the Company of the nominal value of PLN 0.10 (say: 10/100 Polish zloty).
2. Serie E shares may be covered only by money deposit and shall be paid in total before the notification by the Management Board of the Company to the registered court of the increase of the share capital of the Company. Money deposit is understood as payment in cash in the cash deck, transfer to the bank account or deduction with due cash receivables.
3. Serie E shares participate in dividend starting from January 1st, 2009 unless they are registered in the National Deposit of Securities S.A. (KDPW0 to that day in which the list of the Company’s shareholders entitled to dividend for the turning year starting from January 1st, 2009 and ending at December 31st, 2009 (Dividend’s Day) is set. If the Serie E shares will be registered in KDPW after Dividend’s day, they will participate in dividends starting from January 1st, 2010.
4. Issue of Serie E shares will be by closed subscription conducted in form of public offer (according to act of July 29th, 2005 on the public offer and conditions of introducing of financial instruments to the organized turnover system and the public companies (Act on Offer).
5. The existing shareholders of the Company will be entitled the right of collection of Serie E shares. For each one A, B, C or D shares possessed on the end of day of collection right, the shareholder of the Company is entitled one collection right. Taking into account the amount of issued Serie E shares, each one collection right entitles to cover of 5 (say: five) Serie E shares.
6. The day of stating shareholders, who are entitled to the collection right of Serie E shares is the day ………………………. .
7. According to art. 27 passage 2 point 3 of the Act of July 29th, 2005 on the public offer and conditions of introducing of financial instruments to the organized turnover system and the public companies it is agreed to apply for the admission of all Serie E shares, collection right of Serie E shares and rights to Serie E shares to the turnover on the Stock Exchange in Warsaw S.A. The Management Board of the Company is authorized for all activities connected with duties above mentioned.
8. Serie E shares not covered by shareholders under the execution of the right of serie E shares’ collection may be allocated in its sole discretion by the Management Board of the Company.
9. The Management Board of the Company is authorized to take all activities connected with the increase of the share capital of the Company and the offer of Serie E shares as well as to set the detailed conditions of the issue and rules of their diastribution. In particular, the Management Board is authorized to: a) rules of allocation of Serie E shares, which will not be covered under the execution of collection right, b) set the dates of opening and closing of the subscription.
10. The issue price of Serie E shares at the level of the nominal price, e.g PLN 0.10 (say: 10/100 Polish zloty).
§ 2
The resolution has been passed in a public vote.
§ 3
The resolution is in force from the date of its passing.

The rest of the report remains unchanged.

Signatures:
Małgorzata Iwanejko – Chairman of the Management Board