Notice of outcome in second written procedure for the bonds issued by BioFish Holding AS

To the bondholders in the senior secured bonds with ISIN NO 001 0820178 (NOK Bonds) and ISIN SE 001 1062256 (SEK Bonds) (collectively, the “Bonds”) issued by BioFIsh Holding AS (the “Issuer”) on 13 April 2018.

A Norwegian translation of this notice is included in the full notice which can be downloaded below. In case of any inconsistency between the Norwegian translation and the English text, the English text shall prevail. 

Notice of outcome

Intertrust (Norway) AS (the “Trustee”) is acting as Trustee on behalf of the Bondholders under the terms and conditions relating to the Bonds dated 9 November 2017 (the “Terms and Conditions”).

Capitalized terms not defined herein shall have the same meaning as in the Terms and Conditions

In the Second Written Procedure for which notice was given on 26 August 2020 and last date to vote was 10 September 2020 at 12:00 CET, the Trustee hereby announce the successful completion of the Second Written Procedure. The Second Written Procedure was initiated by the Trustee in accordance with cl. 22.1 cf. cl. 20.1 under the Terms and Conditions, in order to appoint a Bondholders’ Committee (the “Request”). The Request is described in Schedule 1.

Eligible replies corresponding to 22,86 per cent of the Adjusted Nominal Amount have been received in the Second Written Procedure. Pursuant to cl. 20.11, the quorum requirement in cl. 20.10 shall not apply to a Second Written Procedure. The received votes will therefore be decisive.

The Request was approved by 100 per cent of the eligible votes received in the Second Written Procedure. The consent requirements in cl. 20.9 of Bondholders representing more than 50 per cent of the Adjusted Nominal Amount for which Bondholders reply in the Second Written Procedure was therefore met.

With approval by the Bondholders, the Bondholders’ Committee is now formalised and appointed by the Bondholders. The Committee consist of the following Bondholders:

– Eivind Hadler-Olsen

– Per Ljåstad

– Øyvind Wigestrand

For further information, please reach out to:

The Trustee:

Eleonore Foss

Intertrust (Norway) AS

eleonore.foss@intertrustgroup.com

+47 958 14 513 

Andreas W. Hennyng

Intertrust (Norway) AS

andreas.w.hennyng@intertrustgroup.com

+47 971 87 151