The Management Board of Jastrzębska Spółka Węglowa S.A. („Company”) reports that on 15 July 2011 Polski Koks S.A. with its registered office in Katowice („Seller”) – a subsidiary of the Company executed a significant agreement with ThyssenKrupp Steel Europe AG with its registered office in Duisburg, Germany („Buyer”).
The subject of the agreement is the supply of 30-80 mm blast furnace coke by Polski Koks S.A to ThyssenKrupp Steel Europe AG.
Material Conditions of the Agreement:
This agreement is valid from 1 July 2011 until 31 December 2013. The agreement will be automatically renewed for another year if it is not terminated by one of the parties by giving 12 month’s notice of termination. The price in the pricing model is determined using data from the international coal and coke market. The terms of payment are 14 days from the end date of each 10-day supply period. The agreement is governed by Austrian law. The agreement may be terminated by an extraordinary procedure in the event of an important cause by giving 3 month’s notice of termination.
Estimated Value of the Agreement:
The Seller estimates the agreement’s net value at approximately EUR 208 million (say: two hundred eight million Euro), i.e. according to the Seller’s estimate a net figure of roughly PLN 750 million (say: seven hundred fifty million zloty).
This agreement does not contemplate contractual penalties.
The agreement’s remaining conditions do not deviate from the standards generally applied in these types of agreements.
The criterion for deeming this agreement to be significant is that its value exceeds 10% of the Company’s equity.
Legal Basis: § 5 section 1 sub-section 3 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