The Management Board of Jastrzębska Spółka Węglowa S.A. (“Company”) reports that on 20 July 2011 the Company received a decision of the District Court in Gliwice, 10th Commercial Division of the National Court Register, concerning registration, on 19 July 2011, of an increase in the Company’s share capital through the issue of series D shares and registration of the related amendments to the Articles of Association made in compliance with Supervisory Board Resolution No. 165/VII/2011 adopted on 12 July 2011 pursuant to Section 10 of Resolution No. 5 adopted by the Company’s Extraordinary Shareholder Meeting on 12 May 2011, Rep. A No. 3173/2011.
Following the registration, the Company’s share capital is PLN 576,268,550 (five hundred seventy-six million two hundred sixty-eight thousand five hundred fifty Polish zloty) and is divided into 115,253,710 (one hundred fifteen million two hundred fifty-three thousand seven hundred ten) shares with a par value of PLN 5 (five Polish zloty) each.
The total number of votes resulting from all shares issued by the Company following the registration of the change in the share capital corresponds to 115,253,710 (one hundred fifteen million two hundred fifty-three thousand seven hundred ten) votes at the Company’s Shareholder Meeting.
The entire share capital has been paid up.
The structure of the Company’s share capital after the registration of the changes is as follows:
- 99,524,020 (ninety-nine million five hundred twenty-four thousand twenty) series A shares constituting 86.35% of the Company’s share capital, 99,524,020 votes constituting 86.35% of the total number of votes at the Company’s Shareholder Meeting.
- 9,325,580 (nine million three hundred twenty-five thousand five hundred eighty) series B shares constituting 8.09% of the Company’s share capital, 9,325,580 votes constituting 8.09% of the total number of votes at the Company’s Shareholder Meeting.
- 6,404,110 (six million four hundred four thousand one hundred ten) series D shares constituting 5.56% of the Company’s share capital, 6,404,110 votes constituting 5.56% of the total number of votes at the Company’s Shareholder Meeting.
The following amendments to the Articles of Association have been registered:
Previous wording:
§ 5
1. The Company’s share capital shall amount to PLN 544,248,000 (say: five hundred forty four million two hundred forty eight thousand).
2. The Company’s share capital is divided into 108,849,600 (say: one hundred eight million eight hundred forty nine thousand six hundred) ordinary, registered shares with the nominal value of PLN 5 (say: five zloty) each, i.e.:
- Series A shares with numbers from 0.000.001 to 99.524.020,
- Series B shares with numbers from 99,524,021 to 108,849,600.
Current wording:
§ 5
1. The Company’s share capital shall amount to PLN 576,268,550 (say: five hundred seventy-six million two hundred sixty-eight thousand five hundred fifty Polish zloty).
2. The Company’s share capital is divided into 115,253,710 (say: one hundred fifteen million two hundred fifty-three thousand seven hundred ten) ordinary, registered shares with the nominal value of PLN 5 (say: five Polish zloty) each, i.e.:
- Series A shares numbered from 0.000.001 to 99.524.020,
- Series B shares numbered from 99.524.021 to 108.849.600,
- 6,404,110 series D shares.
The Management Board attaches to this report the consolidated version of the Company’s Articles of Association.
Legal Basis:
§ 5 Section 1 Item 9 and § 38 Section 1 Item 2 of the Regulation issued by the Finance Minister on 19 February 2009 on the Current and Periodic Information Transmitted by Securities Issuers and the Conditions for Recognizing the Information Required by the Regulations of a Non-Member State as Equivalent