Legal Proceedings Report • Sep 4, 2014
Legal Proceedings Report
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EAM Solar ASA: Preventive legal actions executed for P31 acquisition
EAM: Preventive legal actions executed for P31 acquisition
4(th) of September 2014
EAM Solar ASA's wholly owned subsidiary EAM Italy has through the Court of
Luxembourg obtained an injunction of EUR 33m on assets held by Aveleos S.A. and
others. The Court of Luxembourg's decision is one of the preventive legal steps
currently conducted by EAM. These processes is initiated to protect EAM's
interests and to secure any relevant indemnification claims EAM may have if the
actions conducted by the public Prosecutor in Milan should have any harmful
impact on the P31 acquisition and the company.
Injunction in Luxembourg against Aveleos S.A., a subsidiary of Enovos Luxembourg
S.A.
EAM Italy filed the 18(th) of August 2014 an injunction petition before the
Court of Luxembourg in order to seize Aveleos' and others assets held with BGL
BNP Paribas, a Luxembourg credit institution (BGL BNPP). Aveleos is the seller
of the P31 portfolio.
On the 19(th) of August 2014, the President of the Court decided to grant the
authorization for attachment in relation to EAM Italy's injunction petition with
respect to a total amount of EUR 33.062.633.
On the 25(th) of August 2014, EAM Italy served the authorization for attachment
to the attached third party, i.e., BGL BNPP, which will block the assets, if
any, held on behalf of Aveleos and others.
On the 1(st) of September 2014, EAM filed a court action against Aveleos and
others in order to have the attachment of the relevant assets.
The injunction is currently a preliminary measure, and may be challenged. The
final seizure and transfer of assets are subject to the outcome of normal legal
proceedings and a final court decision.
Update on P31 acquisition portfolio companies
Reference is made the stock exchange notice sent the 28(th) of July and to note
14 in the second quarter report published the 4(th) of August.
Operations: The 21 power plants where EAM assumed operational control on the
15(th) of July are all running according to normal operating procedures.
Although the suspension of the FIT and RID revenues for 17 of the 21' power
plants has resulted in lower running cash flow from operations at the moment,
and the bank accounts of the affected SPV's still are restricted, the cash flow
from the operational EAM power plants are sufficient to cover the running costs
of operation for all power plants.
GSE: As reported earlier GSE has enacted a temporary suspension of the FIT and
RID of 17 of the 21 the power plants under EAM control based on a notification
of a preliminary criminal investigations involving the power plants conducted by
the Prosecutors' office in Milan. EAM has formally received the GSE decision
notification for only 2 out of the 17 affected power plants. However, EAM
believes GSE has issued the formal notice for all 17 power plants in early
August although the notices have not yet been received by EAM. The suspension
can be challenged in the Administrative Court with a resulting reinstatement of
FIT and RID payments. EAM will decide what legal actions to perform during the
next weeks.
A positive decision by the Administrative Court to terminate the suspension
decision made by GSE will result in the repayment of revenues withheld during
the suspension period.
About Aveleos S.A.
Aveleos S.A, headquartered in Luxembourg, was established in 2010 as a joint
venture between Enovos Luxembourg SA (59% ownership) and Avelar Energy Ltd (41%
ownership). The objective of Aveleos has since its inception been to develop,
operate and sell to the market photovoltaic plants in Italy and France.
Aveleos is a subsidiary company of Enovos Luxembourg S.A. The company has no
employees but is governed by a Board of Managing Directors reflecting the share
ownership of the company.
About Enovos Luxembourg S.A and Enovos International S.A.
Enovos Luxembourg S.A., a 100% subsidiary of Enovos International S.A. Enovos
International S.A. is headquartered in Luxembourg.
Enovos International S.A. is owned 25.44% by the State Luxembourg, Ardian/AXA
Redilion Management - 23,48%, RWE Energy - 18,36%, E.ON Ruhrgas - 10.0% SNCI
(Société Nationale de Crédit et d'Investissement 10.01%, Administration
communale de la Ville de (City of) Luxembourg 8% and GDF Suez (Electrabel S.A.)
- 4.71%.
About Avelar Energy Group
Avelar Energy Group is a Zurich-based energy company, established in 2006.
Avelar's activities cover several areas of the energy sector.
For information, please contact:
Viktor E Jakobsen, Executive Director, phone +47 9161 1006, [email protected]
Audun W. Iversen, CEO, phone +47 916 16 250, [email protected]
About EAM Solar:
EAM Solar ASA is a utility company that acquires and operates solar power
plants. The Company currently owns solar PV power plants in Italy, acquired
during in 2011/12. The plants are operating under long-term sales contracts. EAM
Solar acquires power plants that are commissioned, connected to the grid and in
power production at the time of financial close with the geographical focus on
Europe.
This information is subject of the disclosure requirements pursuant to section
5-12 of the Norwegian Securities Trading Act.
[HUG#1853632]
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