Current report No.: 30/2008
Date prepared: 19 December 2008
Short name of issuer: ENEA S.A.
Subject: Acquisition of own shares in connection with implementing stabilization option
Legal basis: Article 56 par. 1 pt. 2 of the Act on Offerings – current and periodic information
Content of the report:
Acting pursuant to Clause 5 par. 1.6 of the Regulation of the Minister of Finance on current and periodic information published by issuers of securities of 19 October 2005, the Management Board of ENEA S.A. (the “Company") announces that on 19 December 2008 the Company acquired, from Credit Suisse Securities (Europe) Limited (the “Stabilization Manager"), 10,269 rights to series C shares with a par value of PLN 1 each. The unit price of acquiring rights to series C shares was PLN 15.40. The total sum due on account of acquired rights to series C shares, amounting to PLN 158,142.60, was settled from funds in the escrow account kept for the Company. The series C shares, which the Company will hold as a result of acquiring the aforementioned rights to series C shares, will correspond to 0.002 per cent of the increased share capital of the Company and will give entitlement to exercise that same percentage of votes at the General Meeting of Shareholders of the Company.
The acquisition of rights to series C shares took place on the basis of Article 2 of Resolution No. 4 of the Extraordinary General Meeting of Shareholders of the Company held on 10 October 2008, with subsequent amendments, in connection with the implementation of the stabilization option granted to the Stabilization Manager by virtue of the Underwriting Agreement concluded between the Company, the Stabilization Manager, Bank Zachodni WBK S.A. and Dom Maklerski BZ WBK S.A. on 22 October 2008. A detailed description of the aforementioned Underwriting Agreement and the stabilization option was presented in the Company’s issue prospectus published on 23 October 2008, with subsequent amendments.
The series C shares, which the Company will hold as a result of acquiring rights to series C shares in connection with implementing the stabilization option, will be redeemed by the Company in accordance with appropriate legal regulations.