AGM Information • Mar 26, 2018
AGM Information
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Current Report No.: 11/2018
Date of preparation: 24.03.2018
Short name of Issuer: ENERGA SA
Legal basis: Art. 17 section 1 of MAR - confidential information
Subject: Notification on receiving by the Management Board ofElektrownia Ostrołęka sp. z o.o. of a motion for approval of theconclusion of the public contract awarding procedure under the name of"Construction of Ostrołęka Power Plant C with approx. 1,000 MW poweroutput"
Content of report:
The Management Board of ENERGA SA ("Issuer") hereby informs that onMarch 23, 2018, as a shareholder of Elektrownia Ostrołęka sp. z o.o.("Ordering party", "Company"), it received from the Company's ManagementBoard a motion to the Company's general meeting of shareholders toapprove the conclusion of the public contract awarding procedure underthe name of "Construction of Ostrołęka Power Plant C with approx. 1,000MW power output" ("Procedure", "Contract"). In its motion, the Company'sManagement Board indicated that it requested the approval of theCompany's general meeting of shareholders to select the Consortium of GEPower Sp. z o.o. and Alstom Power System S.A.S, as the GeneralContractor, whose bid was to execute the subject matter of the Contractin compliance with the parameters set out in the offer for the amount ofPLN 5,049,729,000.00 net, PLN 6,023,034,950.00 gross. In line with themotion, the said approval of the Company's general meeting ofahareholders shall be expressed subject to effective (i.e. indicatingthe absence of any premises justifying the exclusion of the contractoror the rejection of the tender thereof) submission by Consortium of GEPower Sp. z o.o. and Alstom Power System S.A.S of all the documents andrepresentations required, pursuant to Art. 26 section 1 of 29 January2004 Public Procurement Law (Journal of Laws of 2017, item 1579, asamended).
Pursuant to the Company's Statute, the general meeting of shareholdersshall agree for the conclusion of the public contract awarding procedureto select the General Contractor by virtue of a resolution.
Submission by the Company's Management Board of the said motion to thegeneral meeting of shareholders, as well as the possible adoption by theCompany's general meeting of shareholders of the resolution in question,is not equivalent to:
the decision being taken by the Company's Management Board to select theGeneral Contractor, hence it does not mean the conclusion of theProcedure by the Ordering Party;
the consent to enter into a contract with the General Contractor - inorder to give such a consent it is necessary to obtain the requiredcorporate approvals, including the consent of the Issuer's SupervisoryBoard;
the agreement to issue a notice to proceed (NTP) - the issue of NTPrequires, among others, prior consent of the Issuer's Supervisory Boardand prior qualified consent of the Issuer's General Meeting to join theConstruction Stage.
The Issuer will provide further information on the Procedure in separatecurrent reports.
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