14 July 2020
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.
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”).
The full notice can be downloaded as per below:
> Notice for Written Procedure
On behalf of and as requested by the Issuer, the Trustee, acting in its capacity as Trustee for the Bondholders under the Terms and Conditions, hereby initiates a written procedure (the “Written Procedure”) whereby the Bondholders can approve or reject a proposal regarding certain amendments to the Terms and Conditions. The proposal by the Issuer (the “Proposal”) and the background thereto is described in Sections A (Background and Proposal).
Pursuant to cl. 20.10 of the Terms and Conditions, a quorum in respect of the Written Procedure will only exist if a Bondholder (or Bondholders) representing at least fifty (50) per cent of the Adjusted Nominal Amount reply to the Proposal.
Pursuant to cl. 20.8 of the Terms and Conditions, at least sixty-six and two thirds (66 2/3) per cent of the Adjusted Nominal Amount for which Bondholder reply in the Written Procedure must consent to the Proposal in order for it to be approved.
The Trustee must have received the no later than by 12.00 (CET) on 4 August 2020.
Important dates:
Record Date (for voting): 15 July 2020
Last time and day to vote: 12.00 (CET) on 4 August 2020
For further information:
To the Issuer:
BioFish Holding AS
Torbjørn Skulstad, torbjorn@biofish.no, torbjorn.skulstad@gmail.com, +47 483 81 546
To the Trustee:
Intertrust (Norway) AS
Eleonore Foss, eleonore.foss@intertrustgroup.com, +47 958 14 513
Andreas W. Hennyng, andreas.w.hennyng@intertrustgroup.com, +47 971 87 151