Notice for second written procedure for senior secured bonds issued by BioFish Holding AS

To the holders of the senior secured fixed rate bonds with ISIN NOK Bonds: NO 001 0820178 and SEK Bonds: SE 001 1062256 (the “Bonds”) issued by BioFish Holding AS (the “Issuer”) on 13 April 2018.

The full notice which can be downloaded below, includes a Norwegian Translation of parts of the documents. In case of any inconsistency between the English text and the Norwegian translation, the English text shall prevail.

Notice for second written procedure

Capitalized terms not otherwise defined in this notice shall have the meaning given to them in the terms and conditions relating to the Bonds (the “Terms and Conditions”).

Reference is made to the Notice to Bondholders dated 16 July 2020 and the Written Procedure initiated 11 August 2020 concerning the formation of a Bondholders’ Committee (the “BHC”). 

Pursuant to that the quorum requirements stipulated in cl. 20.10 was not met in the Written Procedure initiated 11 August 2020, the Trustee, acting in its capacity as Trustee for the Bondholders under the Terms and Conditions, hereby initiates a second written procedure (the “Second Written Procedure”), whereby the Bondholders can elect members to a BHC. The proposal of a formation of a BHC (the “Proposal”) and the background thereto are described in Section A (Background and Proposal). 

The quorum requirement in cl. 20.10 shall not apply to a Second Written Procedure, meaning that the received votes in the Second Written Procedure will be decisive regardless of the percentage number of Bondholders participating in the Second Written Procedure. 

Important Dates:

Record Date (for voting): 26 August 2020

Last time and day to vote: 12.00 CET on 10 September 2020

The Trustee must have received the votes by mail, courier or e-mail to the address indicated below no later than by 12.00 (CE) on 10 September 2020. Votes received thereafter will be disregarded. 

For further questions, please reach out to:

Eleonore Foss, eleonore.foss@intertrustgroup.com, +47 958 14 513

Andreas W. Hennyng, andreas.w.hennyng@intertrustgroup.com, +47 971 87 151